Huddleston's Admr. v. Straight Creek Coal & Coke Co.

*507Opinion op the Court by

Judge Carroll

Reversing.

This is an action to recover damages for the death of Millard Huddleston, who was killed in the mine of the appellee company. He was employed in driving a mule that pulled the cars on a track on which the coal was taken out of the mine, but, when not engaged in that capacity, it was his duty to perform such other work about the mine as he was directed to do. His death was caused by the falling of slate from the roof and side of the cross-entry near the neck of room No. 46 in the mine. Upon the conclusion of the evidence for both parties, the court…