Coffeyville Vitrified Brick & Tile Co. v. Shanks

The opinion of the court was delivered by

Bukch, J. :

At the time of the occurrence furnishing the foundation for this litigation the defendant was engaged in manufacturing brick out of shale-quarried from a pit. The shale-pit was then from 175 to 200 feet long, from 80 to 100 feet wide, and) from 30 to 35 feet deep, with steep walls. Men designated as “drillers” worked about theJop of the pit, loosening the shale by blasting. Fragments of’ shale loosened in this manner were pushed by the drillers, away from the walls, when they tumbled to the bottom of the pit by virtue of their own gravity.…