Peloni v. Smith-Lowe Coal Co.

I. The defendant is an operator of coal mines, and in the morning of March 31, 1908, at about 8 *463o’clock, while walking along entry T. X. in its mine No. 3 a mass of slate fell on plaintiff from the roof, and caused the complete fracture of both bones of his right leg seven or eight inches above the ankle. This entry was about one thousand five hundred fe'et long, and, as the; coal;'.on each side had been removed from the' rooms, the employees were engaged in drawing the pillars preparatory to abandoning it. The plaintiff was an experienced miner, and for fifteen days prior to the accident had…