Barnard v. Waverly Brick & Coal Co.

Plaintiff, while working for defendant in a trench, was injured by the caving in of one side, and brought suit for damages. A demurrer was interposed to plaintiff’s evidence. This the court overruled and the defendant stood on its demurrer. Plaintiff obtained a verdict for $1000, and defendant appealed.

The engine and boiler, which furnished power to run the machinery of defendant’s coal mine, was on top of the ground a.short distance from the mouth of the shaft. They rested upon a concrete foundation and over them stood an engine room or shed. This last-named structure burned down some months…