Kemp v. Southern Coal & Mining Co.

Mr. Presiding Justice Higbee

delivered the opinion of the court.

Sylvester Kemp, defendant in error, was severely injured while working in a coal mine of plaintiff in error, on September 20,1911, and brought suit against the company to recover damages for the injury sustained. Two trials were had by a jury resulting in favor of Kemp, and a third trial was then had before the court without a jury on a transcript of the evidence heard on the former trial. Upon this trial the court found the issues for Kemp and entered judgment against the company for $7,000, and the latter has brought the case…