KERNS v. Garrigus

This is an action commenced by appellee as plaintiff in the Vigo Superior Court, Room No. 2, to recover damages for personal injuries allegedly caused by the negligence of the appellants who were doing business as a coal mining company.

The complaint alleged in brief that on February 3, 1958, appellee was instructed to pick up a load of coal in his truck and deliver the same to a customer. While he was engaged in loading the coal into the truck from a coal car at appellants’ coal yard, he slipped and fell because the coal was frozen and gave way. As a result he suffered personal injuries.…