Maurizi v. Western Coal & Mining Co.

On September 24, 1921, plaintiff was mining coal for defendant in one of its coal mines in Crawford County, Kansas. He claims that while he and a fellow-miner were trying to put a derailed car on the track in the traveling-way of the mine a rock fell from the roof of the traveling-way onto the coal in the car, which caused it to break, and a part of the rock to strike him on the back while he was in a stooping position, forcing him to the ground and injuring him.

It is alleged in the amended petition: (a) that plaintiff is a resident of Franklin, Crawford County, Kansas; (b) that defendant is…