Hyden's Administrator v. Stearns Coal & Lumber Co.

' Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

Harder Hyden, an employee of the Stearns Coal and Lumber Company, was killed by falling slate and his administrator brought this suit against that company and .others to recover damages for his death. .From a verdict and judgment in favor of defendants, plaintiff appeals.

• - .At. the time of the accident, plaintiff was engaged in- the work of pulling stumps on the main entry. At a point about eighty feet further away from the mouth of the entry, one Robert Gaines was- engaged in mining coal and pulling a stump about 20 feet…