Rocky Mountain Fuel Co. v. Tucker

This was an action by defendant in error against plaintiff in error for damages for personal injuries. Verdict and judgment were for the full amount of the demand. To review that judgment this writ is prosecuted. The parties are hereinafter designated as in the trial court.

Defendant owned and operated the Baldwin coal mine and incident thereto sold coal to persons in the vicinity. This coal was delivered through a chute into wagons, the raising of a gate presumably permitting it to slide out. The boiler house was located immediately beneath the chute, and a few feet above the chute was a…