Montgomery Coal Co. v. Barringer

This was an action on the case brought by the appellee, against the appellant, to recover damages for a personal injury alleged to have been caused by a lump of coal striking him on the head, which fell through a hole in the bottom of a coal chute, beneath which he was passing with a car loaded with slack from the slack pile to the engine room of the appellant. The declaration contained four counts which averred, in various forms, those facts. The general issue was pleaded, and upon a trial a verdict was rendered in favor of. the appellee for $2500, upon which, after overruling a motion for a…