Trosper v. East Jellico Coal Co.

Opinion op the Court by

Wm. Eogers Clay, Commissioner

Affirming.

Appellant, John Trosper, instituted this action against appellee, East Jellico Coal Company, to recover damages for personal injuries. Upon the conclusion of the evidence the court gave a peremptory instruction to find for appellee. To review the propriety of this ruling this appeal is prosecuted.

At the time appellant was injured he was employed in removing some steel rails and air pipe from ap*407pellee’s mine add was struck by an overhead timber. He had been in appellee’s employment for seven or eight years, but during the greater…