Elcomb Coal Co. v. Coffman

Opinion op the Court by

Stanley, Commissioner

Affirming.

Coal is taken out of appellant’s mine on a tramroad for about 2,000 feet, thence through a 300-foot tunnel to an apparatus which lowers four cars at a time by cable down the mountainside to the tipple. It was the duty of Sam Coffman to attend to the uncoupling of the cars. On July 14, 1933, a train was brought out and stopped preparatory to breaking it up to be sent down the incline.

Coffman alighted from the motorcar and went back to uncouple the fourth and fifth cars. The connection was about 30 feet inside the tunnel. He called to the…