Consolidation Coal Co. v. Marcum
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky. Action at law by L. A. Marcum against the Consolidation Coal Company. Judgment for plaintiff, and defendant brings error,
1Opinion of the Court
WARRINGTON, Circuit Judge.
Marcum recovered verdict and judgment against the coal company for personal injuries sustained while operating a coal-cutting machine- for the company in one of its mines. Reversal is sought because of refusal to direct a verdict at the close of the testimony. Thus the. only question for decision is whether the evidence was sufficient to justify submission of the cause to the jury.
[ 1J The injury occurred April 15, 1914, at Van Lear, Ky., in room 12 of mine 153, and was caused by the fall of a portion of the roof. The height of the room was between 4% and 5 feet,…
2Cases cited2 opinions
- Eagle Coal Co. v. Patrick's AdministratorCourt of Appeals of Kentucky · 1914
- Dasher v. Hooking Mining Co.Court of Appeals for the Sixth Circuit · 1914
3Cited by2 opinions
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- Pittsburgh, C., C. & St. L. Ry. Co. v. ColeCourt of Appeals for the Sixth Circuit · 1919