Mahan Jellico Coal Co. v. Bird

Opinion of the Court by

Judge Settle

Reversing.

This action was brought by the appellee, R. C. Bird, to recover of the appellant, Mahan Jellico Coal Company, damages for personal injuries sustained, as alleged, through its negligence, first, in furnishing him an uncontrollable and dangerous mule for hauling its cars, of which he was in charge; second, in so constructing the car tracks in its mine as to leave at the place of the accident only four inches space between the mine wall and passing cars, when there should have been at least eighteen inches of such space. The answer of the appellant…