Elkhorn Coal Company v. Combs

Opinion of the Court by

Judge Dietzman

Affirming.

On November 14, 1923, Harlan Combs, then in the employ of the appellant herein, was engaged in snaking some logs down a mountain side, for which purpose he was using a team of horses attached to the first log, behind which were strung out the other logs. In the early afternoon of that day, as he neared the bottom of the mountain side on one of these trips, a rock of large dimensions, dislodged by the fourth log from the team, came crashing down the hillside and struck Combs on the right side of his back, knocking him down. His foreman, Town Hall,…