Reports of Cases Decided in the Supreme Court of the State of Utah (Volume 10)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...of soil and gravel, underneath which was 4 or 5 feet of cement, and still underneath the cement was a seam of loose gravel, which was easily removed. The weather was very cold, and the frost had penetrated the surface a distance of about 1C inches. The usual method of undermining the bank by the workmen employed upon it was to use what was called a pike pole,--an instrument with a handle about five or six feet long, containing a steel point at the end, which was thrust into the seam of gravel underneath; and thereby the workmen would cause the bank to be so undermined that in some cases it would fall of its own weight, and at other times giant powder was used in throwing it down. Respondent, on previous occasions, had worked at the same employment in which he was engaged on the day of the injury, and had caused the bank to fall by undermining the same. He also knew of the method by which the bank had been worked and thrown down on previous occasions. On the day of the injury, without any objection on his part, and because he was a careful man, he was set to work by the road supervisor, Eliason, for the purpose of working his poll tax. He was informed that the work was of a very dangerous character; that he ought to be careful, so that the bank when undermined would not fall upon him. He was also told that the safest manner in which he could perform the work was to take this pike pole, and use it in front of him, and dig out the loose gravel underneath the cement, moving backward while so doing, keeping his body adjacent to the bank not undermined. He followed the directions given him, and began to work digging out the gravel underneath and back from the face of the bank, a distance of 4 or 5 feet, moving backward as directed; pursuing his ...