Brown, Trustee v. Hames

Griffin Smith, Chief Justice.

Eureka Coal Company is a bankrupt, with Oscar T. Brown as trustee. N. B. Hames, (miner) alleging injuries by the fall of a rock, sued for $25,000 and recovered $750.

Appellant thinks (a) the Court erred in overruling its demurrer to the amended complaint, and (b) that it was entitled to a directed verdict.

The plaintiff’s allegations and proof w.ere that the nature of his work as a miner required installation of “props.” He asked Rowe, his immediate superior, to supply them.

The trustee states the case this way: “Appellee encountered a dangerous part of the roof. He…