Hernandez v. Malakoff Fuel Co.

JONES, Chief Justice.

Appellant, Pedro S. Hernandez, was a coal miner, and appellee, Malakoff Fuel Company,' was engaged in mining lignite coal 'in Henderson county, Texas. On September 10, 1934, appellant was in the employ of appellee in its coal mines and working in cross-cut No. 6 in mine No. 3, when he was injured by the falling of shale and coal in said cross-cut No. 6. Appellant belonged to the night shift, working from 6 p.m. throughout the night,, and the injury occurred about 10 p.m. Appellee, though qualified to do so and not exempt therefrom, was not a subscriber to the Workmen’s…