Carbon Mining Co. v. Ward's Adm'x.

Opinion of the Court by

Morris, Commissioner

Reversing.

Ward, a coal miner, met his death on December 8, 1938, while in the employ of appellant. It was charged that while engaged in his regular duties a large piece of slate fell from the roof of the mine causing the car upon which he was riding to tip up, crushing decedent’s head between the mine roof and a coal car, resulting in his death. The basic charge of negligence was the failure of appellant to furnish a safe pláce in which to work, or with safe appliances or material with which to work.

Appellant by answer (and amendment) denied all…