Chance v. Reliance Coal & Mining Co.

*122The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from a judgment awarding compensation to the plaintiff for an accidental injury sustained by him while he was employed as a miner by the defendant.

The principal contention of the defendant is that the accident to plaintiff did not arise out of and in the course of his employment. There is little room for contention on this point. Plaintiff was employed to work in a coal mine designated as a strip pit, which was an excavation about three-fourths of a mile in length, and varying from twenty to thirty feet in depth. He…