Harlan Central Coal Co. v. Gemmeno's Adm'r

Opinion of the Court by

Morris, Commissioner—

Reversing.

The appeal is from a judgment in accord with a verdict against the mining company in whose employ Gemmeno was at the time he met his death. Appellee in his petition charged that deceased was killed by his head coming in contact with a rock which was hanging down from the top of the mine entry, he at the time using ordinary care for his safety.

Grounds laid, in the pleading sufficiently charge a failure of appellant to furnish deceased with a reasonably safe place in which to work. Issues were joined and upon trial the jury returned a…