Petry v. Cabin Creek Consolidated Coal Co.

Mason, Judge:

This is a writ of error to a judgment of the circuit court of Kanawha county,-in an action brought by John Wesley Petry to recover damages for personal injuries.

At the time of the accident the plaintiff was about 39 years of age. He was a miner, having worked about the mines in various capacities about twenty years. He was employed by the defendant, the Cabin Creek Consolidated Coal Company, at the time of the accident, as a laborer in the mines, to help lay tracks. Just before the accident he had been assigned to work in Eoom No. 31. He was required to pre*656pare that room for…