Bartley v. Elkhorn Cons. Coal & Coke Co.

Opinion of the Court by

Judge Settle.

Reversing.

The appellant, Willie Bartley, an infant, by bis next friend brought this action against the appellee, Elkhorn Consolidated Coal and Coke Company, in the court below, to recover damages for injuries sustained to his person from falling slate in its mine, where he was at the time employed; it being alleged in the petition that his injuries were caused by the negligence of appellant .in failing to provide him a reasonably safe place to work.

The answer of appellee contained a traverse, and pleas of assumed risk and contributory negligence on the part…