Hopper v. Barren Fork Coal Co.

Opinion of the Court by

Judge Richardson

Reversing.

The first-entitled action is to recover damages for personal injuries sustained by the alleged negligence of the Barren Fork Coal Company. The second, to recover damages' on the same ground, for the destruction of a truck loaded with merchandise. A perplexing question of practice is presented in both cases.

The actions were tried as one in the circuit court. The trial was completed the last Thursday of the regular term of court. At the conclusion of the argument to the jury of counsel of Orville Hopper and R. J. Smith Company, who resided in an…