Joch v. Dankwardt

This was a suit to recover damages for injuries sustained by the plaintiff, a coal miner, in being lowered into a coal mine of the defendant, in whose employ he was, mining coal. A recovery was had by the plaintiff, and the defendant appealed.

The giving of two instructions for the plaintiff is assigned for error. The instructions were:

“The court instructs the jury, that proof of the employment of one who had always been a manual laborer or a mule driver, to run a steam engine, raises á presumption of negligence of the master, without showing that he had actual notice of the servant’s…