Purkey v. Southern Coal & Transportation Co.

Sanders, Judge:

The various assignments of error presented by the record can be reduced to two questions; one is, did the court err in giving instruction No. 4 for the plaintiff, which is in the following language: “The court instructs the jury that the plaintiff had a right to rely upon the statements of the mine boss, as true, and if they believe from the evidence, that plaintiff was assured by the mine boss that the place where he was sent to work was safe, the plaintiff was not guilty of negligence in relying upon the statement made to him by the mine boss, as true. ” This instruction…