Powell v. Mitchell

Riley, Judge:

This is an action of trespass on the case instituted by James M. Powell, Sr., against Thomas Mitchell in the circuit court of Brooke County to recover damages for personal injuries sustained by the plaintiff while) employed as a coal loader in a small mine operated by the defendant. To a $1,500.00 judgment, the defendant prosecutes error.

The plaintiff was injured shortly before noon, Monday, October 21, 1936, by a fall of stone from the roof at the face of the coal. The room in which he was working was 120' long and 20' wide. The vein was of uneven thickness, the ribs, at the…