Mitchell v. U. S. Coal & Coke Co.

WilliaMs, Judge :

Writ of error to an order of the circuit court of McDowell county setting aside a -verdict rendered in favor of plaintiff.

Dawrence Mitchell, a boy seventeen years of age, was employed as brakeman and trapper in defendant’s coal mine in McDowell county. His duties were to brake the cars which were hauled in and out of the mine to the tipple by means of an electric motor, and to open and close the trap doors across the entry. When the cars were going up grade and it was not necessary to apply the brakes, his duty required him to ride on the motor in order to be in position to…