Straight Creek Coal Co. v. Huddleston's Admr.

*95Opinion of the Court by

Chief Justice Hobson—

Reversing.

Millard Huddleston was a driver in the service of the Straight Creek Coal Company. He was killed by some slate falling upon him from the roof of one of the entries. His administrator brought this suit against the company to recover for his death. On the first trial of the case, the circuit court instructed’ the jury • peremptorily to find for the defendant. The plaintiff appealed •to this court. It was held on the appeal that under the evidence the case should have gone to the jury. (See Huddleston’s Admr. v. Straight Creek Coal Co., 138…