Pittenger & Davis Mining & Manufacturing Co. v. Gettleman

Mr. Presiding Justioe Myers

delivered the opinion of the court.

This was an action on the case brought by appellee against appellant to recover damages for injuries received January 30, 1904, by appellee while employed as a shift-hand in appellant’s coal mine, located at Centralia, Illinois. The declaration consisted of two counts, but the second count was withdrawn and the cause tried upon the first count alone. This count averred that the plaintiff was employed as a shift-hand engaged in laying and repairing track, and cleaning up falls of rock, slate, etc.; that in a certain room in said…