Blue Bird Mining Co. v. Kelly

LATÍMER, Justice.

Herman Kelly, 31 years of age, was employed by appellant as a hostler on a coal cutting machine used in one of appellant’s mines. On August 29, 1946, while performing his regular duties for his employer, an electric cable attached to the machine caught fire and it became necessary, in order to continue production, for him to splice and repair the cable in a room filled with smoke emanating from the burning rubber insulation. The work required from 15 to 30 minutes to complete. All other employees left the room while the cable was being repaired. After Kelly spliced and…