Parke County Coal Co. v. Barth

The appellee, while in the appellant’s employment, working as a coal miner in the appellant’s mine, was injured by the falling of a large piece of slate upon him from the roof of an entry, or passage-way, through which he was passing from the bottom of the shaft to the “ room ” in which he worked in the mine in digging out coal.

A demurrer to the appellee’s complaint was overruled.

We need not set out the entire complaint. The appellant, in argument, has referred specially to certain portions thereof, alleging, in substance, that on, etc., while the appellee was at work in the mine, it became…