Chamberlain v. Penn-Rich Contracting Co.

Opinion by

Mr. Justice Bok,

The single question is the plaintiff’s contributory-negligence. He has appealed because tbe court below held bim guilty of it in an illogical order refusing judgment n.o.v. but granting a new trial on its own motion for tbe reason given.

Plaintiff had deep-mined tbe property, which is near Junedale in Carbon County and on which be was hurt, but a cave-in bad buried bis machinery.. He then concluded an agreement with defendant for tbe latter to strip-mine the property. An addendum provided that any machinery recovered was to be considered ■plaintiff’s and left for bim…