Indian Creek Coal Co. v. Walcott

Opinion of the -Couet by

Judge Clauke

— Reversing.

On August 26,1912, appellee while working for appellant at its coal mine was injured by a shot of dynamite or powder fired for the purpose of loosening the coal. His arm was broken in four places, and upon the trial of the suit filed to recover for these injuries, he recovered a verdict and judgment for ten thousand ($10,000.00) dollars.

Appellant is seeking a reversal of that judgment for the following reasons:

1. The court erred in refusing it a peremptory instruction.

2. The damages are grossly excessive.

3. Admission of incompetent evidence for…