Cooke-Jellico Coal Co. v. Richardson's Administratrix

Opinion op the Court by

William Rogers Clay,

Commissioner — Reversing.

Ed Richardson, a coal miner, in the employ of the Cooke-Jellico Coal Company, was struck by a falling *618rock and killed. In this action for damages against the coal company his administratrix recovered a verdict and judgment for $2,500. The coal company appeals.

Plaintiff based her cause of action on the failure of the defendant to use ordinary care to furnish decedent a reasonably safe place in which to work. In this connection she relied on four specific acts of negligence: (1) The negligent planning, surveying and excavation…