Saulsbury v. Elkhorn Consolidated Coal & Coke Co.

Opinion of the Court by

William Rogers Clay,Commissioner

Affirming.

In this action for damages for personal injuries by, plaintiff, Lackie Saulsbury, against the Elkhorn Con*325solidated Coal & Coke Company, a demurrer was sustained to the petition as amended and the petition dismissed. Plaintiff appeals.

The petition, in substance, is as follows: The defendant is a corporation engaged in the business of mining and shipping coal. Plaintiff was a laborer in defendant’s mines. It was a part of his duty to push coal cars into the rooms of the mines. In one of the rooms the slate had fallen from the roof…