Supreme Court of Kansas October 10, 1908, No. 15,666 (Barrett v. Dessy)

The opinion of the court was delivered by

Benson, J.:

This action was brought by Nester Dessy against W. H. Barrett to recover damages on account of injuries alleged to have been received. *643through the “fault, recklessness, carelessness and negligence of the defendant, his agents and representatives,” while Dessy was working in Barrett’s coalmine in Cherokee county, Kansas.