Consolidated Coal Co. v. Lundak

Appellee was employed as driver of a mule hauling loaded cars along a track in appellant’s mine from the place where the coal was mined to the pit and returning with empty cars. He was injured by the fall of a section of slate and clod mixed with rock, from the roof of the mine, upon the track along which he was driving the mule, and brought this suit to recover the resulting damages. He obtained a verdict and judgment, and the judgment was affirmed by the Appellate Court.

The argument is directed to the alleged error of the trial court in refusing to direct a verdict for the defendant on the…