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eBook details

• Title: Crowder v. Haymaker
• Author : Virginia Supreme Court
• Release Date : January 14, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

If we accept as true complainants version of all disputed facts, and as true evidence for the employer and insurance carrier on matters not in dispute, this appears: Crowder was the lessee of certain coal lands in Botetourt county, owned by the Virginia Mineral Corporation of New York. To it he paid twenty-five cents a ton royalty for coal mined by him. In the latter part of 1932 he was conducting a small mining operation on this leased land. Haymaker and one George Huffman sought from him employment there. He had no place for them but told them that they might work an abandoned near-by mine which had not been worked for many years and which he had never worked. They took this mine as they found it and were to furnish their own explosives, caps, fuses, etc. Crowder, on his part, agreed to furnish shovels, picks, etc., and was to pay them for coal mined and delivered on the platform at the mines mouth from $2 to $2.50 a ton, the price within these limits to be governed by the market price of coal. There was no limit put upon the duration of this operation or the quantity of production and no reference was made to timbering the shaft or to other safety devices. In other words, these men took the mine as they found it. Haymaker said that he and Huffman operated it in partnership and divided receipts equally. Later they associated with them one Woodrow Gusler, and while he was working shared equally with him their net receipts, each man taking one-third.

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