Brooks v. Central Coal & Coke Co.

The opinion of the court was delivered by

Marshall, J.:

This action is brought to recover damages for personal injuries sustained by the plaintiff while working in a coal mine. A demurrer was sustained to the plaintiff’s petition. He appeals.

We quote from the defendant’s brief:

“The allegations of the negligence of the Coal Company are in substance that Brooks, the appellant, who was working in a room in Mine No. 42 of the Coal Company, the appellee, left his room securely propped and timbered and in a reasonably safe condition on the evening of May 19, 1913, and that by reason of the firing of…