Moore Coal Co. v. Brown

The .plaintiff, J. II. Brown, recovered damages for personal injuries from his employer, Moore Coal Company, and the judgment was affirmed by the Court of Appeals. We have heretofore granted the employer’s petition for the writ of certiorari. Oral argument was waived by both parties.

Plaintiff’s declaration avers that he suffered an incapacitating hernia while pushing an empty coal car into a mine room, where he was employed to dig and load coal. He charges his employer with negligence (1) in requiring him to push the car, contrary to his contract of employment; (2) in failing to provide a…