Labuck v. Mill Creek Coal Co.

Opinion by

Mr. Justice Kephart,

Plaintiff, a duly qualified miner, with a companion, was engaged in driving a gangway. Four holes were bored in its face, two at the bottom and two at the top. These were loaded with dynamite and charged for firing. The fuse was lighted and the men retired to places of safety to await the explosion. Two of the charges went off, as did the cap on a third, but one of the charges missed fire. Plaintiff, with his companion, waited for twenty minutes, then opened the airline, blew out the smoke and entered the gangway. One of the remaining charges then exploded,…