Holy Cross Gold Mining & Milling Co. v. O'Sullivan

The defendant in error, O’Sullivan, plaintiff below, was employed by plaintiff in error, the Holy Cross Gold-Mining and Milling Company, defendant below, to work in its gold mine, and while engaged in cleaning out a tunnel, what the witnesses call a “ missed hole ” or “ missed shot ” (that is, an unexploded charge of powder), was exploded, producing an injury to plaintiff, for which he brought this suit to recover damages, alleging that the proximate cause of the injury was the negligence of the defendant in not exercising ordinary care to discover and remove the “ missed shot.” There was a…