Mayhew v. Sullivan Mining Co.

Mayhew (plaintiff) was hired by Sullivan Mining Co. (defendant) to search for ore deep underground, working on a wooden platform nearly three hundred feet below ground with a known 'bucket hole' at one corner. Sullivan later cut a large, unfenced ladder hole in the platform without informing Mayhew, and Mayhew fell through it and was severely injured. At trial, Sullivan sought to question expert witnesses about the mining industry's 'custom' of not fencing such ladder holes at that depth, but the trial court refused to allow the questions. The jury found Sullivan negligent and awarded Mayhew $2,500.