Western Coal & Mining Co. v. Fountz

Appellee’s intestate, A1 Fountz, was killed by a falling rock, while working as a miner in appellant’s coal mjne, and this suit is to recover damages sustained by the next of kin. The right of action is based upon the failure of appellant’s servants, on demand of said intestate and his coworker, to furnish timbers for props with which to support the roof from which the rock fell. Appellee recovered damages below in the sum of $1,000, and an appeal to this court is prosecuted.

The case went to the jury, so far as concerns the manner in which Fountz was injured, entirely on the testimony of one…