Little v. Norton Coal Co.

The plaintiff was injured while-at work in a mine by the falling of a loose rock from an entry. The jury awarded him damages in the sum of $1000. The defendant, who is the mine owner, appeals.

• Every claim of error involves the same proposition of law. The demurrer to the petition, the demurrer to the evidence, the instructions requested and refused, the objection to the instructions given and the motion for judgment on the findings are predicated upon the theory that the plaintiff could not recover without alleging and proving that the defendant either, had actual notice that the rock in the…