Hamilton v. Mendota Coal & Mining Co.

Plaintiff, while in the employ of the defendant as a driver of mules in an entry of defendant’s coal mine, received the injuries of which he complains, while riding on a car in the mine, in coming in contact with the roof or side of the entry. The negligence charged is that the entry was not of sufficient height, in that it was but three feet and five inches high, while it should have been at least five feet, and was not properly “brushed,” in that a rock from the top and north side of said entry projected, to a point within three feet of the center of the track laid therein on which the cars…