Dietz v. Big Muddy Coal & Iron Co.

This is an action of case, in which all of the three counts of the declaration charge common law negligence. The first and second counts are in substance the same, but the third or additional count alleges that the injury occurred in a different manner. All of the counts allege that appellant was operating a coal mine in Williamson county on April 21, 1913, and had prior thereto elected not to provide and pay compensation to injured employees under the statute of 1911 known as the Workmen’s Compensation act; that appellee was on said date an employee of appellant in the capacity of a…