Smart v. Mayer

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for personal injuries sustained by a coal miner in the defendants’ mine. The plaintiff recovered, and the defendants appeal.

All questions but one are solved by an interpretation of the amended petition on which the parties went to trial. After stating that the plaintiff was injured by a fall of rock from the roof of the room in which he was working, and describing the place where the accident occurred, the petition contained a general charge that the defendants were negligent in failing to furnish plaintiff with…