Duvin Coal Company v. Fike

Opinión op the Court by

Judge Willis

Affirming.

Robert A. Pike recovered a judgment for $1,250 against the Duvin Coal Company for personal injury. The coal company has prosecuted an appeal, insisting that it was entitled to a peremptory instruction, and that it was prejudiced by errors in the instructions to the jury and in the admission of testimony. Pike was a coal loader employed by the defendant in its coal mine', and, while engaged in his work, was hurt by a fall of slate.

The argument of appellant for a peremptory instruction is predicated upon the assertion of an entire absence of proof…