Sparling v. Peabody Coal Co.

Defendant appeals a judgment rendered for plaintiff on a jury verdict, in the amount of $500,000 for personal injuries received when the plaintiff fell into a burning pile of slack or coal dust.

The site of the occurrence was a tract of 22Vz acres which had been devoted to coal mining purposes. Prior to 1947 the property was owned by the Perry Coal Company. That company operated the mine until about 1934 or 1935 when their operation ceased. The mine was thereafter operated by two individuals who served as “trustees” for a short period of time. The plaintiff contends and the defendant denies…