Knaup v. Western Coal & Mining Co.

Action to recover damages for personal injuries. Plaintiff recovered a judgment for $5000. On appeal to the Kansas City Court of Appeals, the judgment was affirmed by a- divided court. On dissent of Shain, P. J., the cause was certified here.

The majority opinion affirming ■ the judgm'ent was written by Commissioner Campbell. That opinion correctly ruled the ease. We, therefore, adopt it as the opinion of this court on the questions presented to the Court of Appeals. It reads as follows:

“Plaintiff was a coal miner in defendant’s coal mine in Crawford County, Kansas, from 1930 to June 1, 1933.…