Haptonstall v. Boomer Coal & Coke Co.

Miller, Judge:

Plaintiff, an adult miner, employed in defendant’s coal mine, was injured in December, 1911, by a large piece of slate falling upon him from the roof of the mine in the entry where he was at work on a night shift. He sued and recovered a verdict and a judgment against defendant for five thousand dollars, which judgment is the subject of the present writ of error.

The declaration is in three counts. No effort was made on the trial to sustain by proof the second and third counts, but we think these counts good on demurrer and that the demurrer thereto was properly overruled. We are…