At approximately 4 p.m. on that date, Joseph F. Yania, the operator of another coal
strip-mining operation, and one Boyd M. Ross, went upon Bigan’s property for the purpose
of discussing a business matter with Bigan, and, while there, [were] asked by Bigan to aid
him in starting the pump. Bigan entered the cut and stood at the point where the pump
was located. Yania stood at the top of one of the cut’s side walls and then jumped from
the side wall—a height of 16 to 18 feet—into the water and was drowned.