Horse Creek Mining Co. v. Frazier's Administratrix

Opinion of the Court by

Judge Thomas

Reversing.

The appellant and defendant below, Horse Creek Mining Company, is a corporation, and at the time of the matters herein complained of it operated, on a small scale, a couple of coal mines in 'Clay county, both of which were located on the same tract of land, and a few hundred feet apart, and the coal from each was carried to, and handled by, one common tipple. On the 11th day of September, 1925, the decedent, Arch Frazier, an experienced and adult miner, was in the employ of defendant, and worked in one of the openings or separate mines of its…