Stirling Coal & Coke Co. v. Fork

Opinion op the Court by

Judge Carroll

Reversing.

The appellee, Fork, a man of mature years and ordinary intelligence was employed by appellant company to sliovel coal slack into a car and was told to gel- a shovel that had been nsed by others who-had done the same kind of work. When appellee picked up the shovel, he discovered that the-round wooden piece on the top of the handle was cracked in one or two places, so that the wood revolved on the iron rod that was run through it for the purpose of strengthening the handle. He then said to the foreman that he did not want to nse that shovel, and…