Mitchell v. Swanwood Coal Co.

1. Master, and servant : Workmen’s Compensation Act: rejection of act: negligence: nonnecessity to plead. I. This action is brought to recover for the^ death of one Stanley Dam-sky, an employee of the defendant’s. It is claimed that his injuries were sustained while in the course of his employment. The deceased was a coal miner. Defendant was *1003engaged in operating a coal mine. Deceased was employed in mining coal at the time he received the injuries which caused his death. The injuries were caused by a fall of slate or rock or other material from the roof of the mine. The defendant had…