Smart v. Mayer

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover damages for failure to furnish sufficient prop timbers of suitable length and size, resulting in the falling of a rock and an injury to him in defendants’ coal mine.

There was testimony that the plaintiff ordered 3 foot 4 inch props of the pit boss and the driver; that an area from 13 to 15 feet by about 24 feet in the room where the plaintiff worked was unpropped; that the height of the room was 3 feet and 4 inches; and that there were no unused props in the room at the time. The jury returned a general verdict in…