Stearns Coal & Lumber Co. v. Spradlin

Opinion op the Court by

Judge 'Clarke

Beversing.

Tbe appellee, Lewis Spradlin, an experienced miner, was employed by appellant, Stearns Coal Co., to widen an entry in a mine known as Number 10 and operated by Stearns Coal Co. under a lease from tbe Stearns Coal & Lumber Company, wbicb latter company owned tbe mine. Tbe entry was ten or eleven feet wide and was to *406be widened to fourteen feet so that- an additional track could be laid therein. Appellee had taken the contract and was to perform the work' in conjunction with Jack Abston, called his “buddy,” at so much Eer ton for the coal shot down…