35 F. 38 | U.S. Circuit Court for the District of Colorado | 1888
In the case of McDonald against The Union Pacific Railway Company there is á demurrer to the complaint. The complaint alleges that the defendant railway corporation owns and operates a coal mine in the town of Erie; that it sank a shaft, and in the prosecution of its work threw' out a pile of slack; that that slack caught fire, or was set on fire, and smouldered for a long time, till the pile sank to the surface of the adjacent soil. On the top appeared nothing but lifeless ashes; underneath there were live coals. This plaintiff, a boy of 12 years of age, a stranger in the town, was threatened by some miners, and, fleeing from them, ran across this slack, thinking it nothing but ashes. The moment he put his foot on it he sank into the hot coals, and was burned. For that injury he sues the railroad company.