North East Coal Co. v. Setzer

Opinion of the Court by

Judge Clarke

Affirming.

Appellee was working for appellant as a "loader” under the immediate supervision of Troy McKenzie, a "miner,” on October 20, 1913, when a large piece of slate fell from the roof of the mine upon him, breaking his leg and inflicting other injuries.

*246He brought this suit against the company and recovered a verdict and judgment of $2,500.00, to reverse which appellant is appealing, relying upon the following grounds: (1) That the court erred in refusing to give a peremptory instruction. (2) That the court erroneously instructed the jury in instructions…