Popineau v. Waverly Brick & Coal Co.

Plaintiff was an employee of defendant in one of its coal mines and was injured therein. He charges the injury to defendant’s negligence and brought this action for damages. He recovered two thousand dollars.

Plaintiff’s injuries were occasioned by portions of the roof over its entryway falling upon him. There *548is but a single objection made to-the judgment, and that is directed to instruction No. 2 given for plaintiff. It sumits certain hypotheses and directs a verdict if they are found to be facts. The objection made is that it is so worded as to assume the roof was not reasonably safe. That…