Holmes v. Bloomfield Coal & Mining Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Charles A. Dudley, Judge. Action to recover damages for the death of plaintiff’s intestate, caused by a fall of slate in defendant’s mine. Trial to a jury, and at the-close of plaintiff’s testimony, there was a directed verdict for ’the defendant. Plaintiff appeals. —
1Opinion of the CourtPreston, J.
3. Master and SERVANT: place for work, etc.: servant having control over and creating conditions : evidence : mines and minerals. — Plaintiff’s intestate was injured June 20, 1914. He, with two others, Peterson and Rudkins, was engaged in shooting down the roof, in the construction of an underground haulageway. These two were the only witnesses for plaintiff as to *138the transaction in question, and were the only persons present besides the deceased. This haulageway or entry was being driven from the second vein of coal down to the third. The grade of the slope being too great for haulage, it…
2Cases cited13 opinions
- Wahlquist v. Maple Grove Coal & Mining Co.Supreme Court of Iowa · 1902
- Verlin v. United States Gypsum Co.Supreme Court of Iowa · 1912
- Correll v. Williams & Hunting Co.Supreme Court of Iowa · 1916
- Wilder v. Great Western Cereal Co.Supreme Court of Iowa · 1906
- Winslow v. Commercial Building Co.Supreme Court of Iowa · 1910
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