Western Coal & Mining Co. v. Greeson

STONE, Circuit Judge.

This is an action for personal injury damages by a miner, Robert Greeson, against the mine owner, Western Coal & Alining Company, based upon negligent failure to furnish mine props, which resulted in the fall of a large rock from the roof of the mine room onto Greeson. From a verdict and judgment for the plaintiff, the company sues this writ of error.

It is urged that a peremptory instruction should have been given at the close of the evidence. An Arkansas statute provides %

“The owner, agent or operator of any mine shall keep a sufficient amount of timber when required to…