Montevallo Mining Co. v. Little

The plaintiff’s (appellee’s) injury resulted from being struck on the top of his head by a lump of coal, in consequence of which, he contends, his health has been seriously impaired, if not destroyed. The plaintiff’s theory was that the coal was cast off by the operation of defendant’s (appellant’s) “coal washer,” of which an elevator” many feet above the ground level was a part. The evidence for defendant tended to disprove plaintiff’s theory, both in respect of the plaintiff’s claim that this lump of coal was cast off the “washer,” as well as in respect' of the plaintiff’s contention that…