Legal Opinion

Strother v. United States Coal & Coke Co.

West Virginia Supreme Court

Decided January 22, 1918PublishedCited by 4 opinions

Error to Circuit Court, McDowell County. Action by James A. Strother, administrator, etc., against tbe United States Coal & Coke Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Miller, Judge :

Plaintiff’s decedent, Henry Gilbert, an adult, employed in March, 1912, as a water bailer and general laborer in defendant’s coal mine, was injured and killed, by the falling of slate upon him while at work in the mine. The place of the injury was in the main entry and haulway at a point where the mine foremen with the slate gang were engaged in excavating for putting in what is called an overcast, as a part of the ventilating system of the mine. This excavation was necessarily made in the roof of the mine over the haulway and air course to the height of from fifteen to…

2Cases cited4 opinions

  1. Gartin v. Draper Coal & Coke Co.West Virginia Supreme Court · 1913
  2. Piercy v. HedrickWest Virginia Supreme Court · 1868
  3. Haptonstall v. Boomer Coal & Coke Co.West Virginia Supreme Court · 1916
  4. Black Lick Lumber Co. v. Camp Construction Co.West Virginia Supreme Court · 1908

3Cited by4 opinions

  1. State Ex Rel. Perry v. MillerWest Virginia Supreme Court · 1983
  2. Algoma Coal & Coke Co. v. AlexanderWest Virginia Supreme Court · 1950
  3. Algoma Coal & Coke Co. v. AlexanderWest Virginia Supreme Court · 1950
  4. Algoma Coal & Coke Co. v. AlexanderWest Virginia Supreme Court · 1951

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