Kellyville Coal Co. v. Humble

Appellee was employed in appellant’s coal mine, and worked under one Preston Howard, who was boss driver. He claims that he was employed as a “ dirt scratcher ” only. Howard had charge of the dirt scratchers and timbermen of the day force in the mine. It was the duty of the timber-men to timber the entries and cross-cuts of the mine and, when occasion required, to take down the timbers. It was the duty of the dirt scratchers to take down loose rock, clear away "dirt and perform such other like work as required no special skill or experience.

When the injury which is made the basis of this suit…