Pate v. Gus Blair Big Muddy Coal Co.

It is insisted by appellant that the court erred in refusing to direct a verdict of not guilty, because the evidence does not tend to prove the declaration or any count thereof. As the judgment will have to be reversed and the cause remanded for further proceedings, we do not deem it proper to discuss the evidence on its merits. We think however that the cause was properly submitted to the jury. We have examined the argument of appellant’s counsel to the effect that the pit car, clevis and pin, cable, and in fact all the parts of the rope haulage system are mere tools or. appliances with…