Benham v. Taylor

The plaintiff is the widow of Samuel P. Benham, and charges in her petition that the latter met his death owing to injuries received while an employee of defendant in defendant’s mine, and that such injuries were caused by his coming into contact with a mineral car in the mine, and as a result of defendant’s failure to furnish its employees reasonably safe appliances, facilities and machinery, for the purpose of ascending and descending in the mine.

The answer denies any negligence on part of the defendant, and sets up the contributory negligence on the part of plaintiff’s husband in bar of…