W. G. Duncan Coal Co. v. Lock

Opinion of the Court by

Judge Clarke

Reversing.

In this action for personal injuries, plaintiff recovered a judgment for $1,300.00, and the defendant appeals.

The chief controversy is as to whether or not defendant owed plaintiff the duty of maintaining in a reasonably safe condition an air shaft in which the accident occurred, and this depends upon his right to use the air shaft to enter the mine.

That this shaft, although equipped with ladders reaching from the surface to the mine level, a distance of 75 feet, was not constructed or originally intended for such use is shown by the defendant’s…