Elk Horn Mining Corp. v. Vanhoose

Opinion of the Court by

Judge Clarke —

Reversing.

P. A. Vanhoose recovered a judgment for $750.00 against the Elk Horn Mining Corporation for injuries received while employed as a loader in one of the mines of the company in Floyd county; and the company appeals.

The negligence alleged in the petition is that defendant permitted its mine roof, in the entry where plaintiff was'at work, to become unsafe and dangerous; and that it was the duty of defendant to have properly propped, capped and braced the roof at that place but, although requested so to do, defendant did not prop, or use ordinary care…