Lyttle v. Rex Coal Co.

Opinion of the Court by

William Rogers Clay, Commissioner

- Affirming

damages for personal injuries. At the conclusion of the evidence, the trial court directed a verdict in favor of the defend- ant. Judgment was entered accordingly and plaintiff appeals. Will Miller had a contract with the company to mine coal at 45 cents

Will Miller had a contract with the company to mine coal at 45 centsper ton. Under his contract Miller was to prop the roof and take down the draw slate. Miller hired plaintiff as a helper at two dollars ($2.00) per day. Plaintiff’s time was turned in to the coal company’s…