Cain v. Sisk

Sisk, a coal miner, while employed by Cain, lessee of the mine, sustained serious and permanent injuries from falling of a large rock from the roof of the room in which he was loading coal from the floor into a car. In this common-law action he obtained a verdict and judgment for $3,000 as damages. A plea in abatement that he had made claim for workman’s compensation, and had received medical service and payments of compensation in the manner provided by the Workmen’s Compensation Law, was overruled by the trial judge, the issue having been submitted to him without a jury, by agreement. The…