Tracy v. Athens & Pomeroy Coal & Land Co.

By the Court.

The reversal by the Court of Appeals in this case is based upon two grounds: First, for error in the court failing to grant the motion of the coal company to direct a verdict in its favor on the second cause of action in the plaintiff’s amended petition; and, second, for error in the court’s general charge on the instruction to the jury that as a matter of law the knowledge and acts of the mine superintendent were the knowledge and acts of the Athens & Pomeroy Coal & Land Company.

As to the first alleged ground of error, Ave are not disposed to regard the same as prejudicial,…