Elkhorn Coal Corp. v. Kerr

Opinion of the Court by

Sandidge, Commissioner

Affirming.

Appellee, James Kerr,-sued appellant, Elkhorn Coal Corporation, to recover $3,000.00 damages for injuries received by him while an employee of it, engaged in loading coal in one of its coal mines. He claimed by his petition that while so at work he was seriously and permanently injured by breathing foul and impure air and poisonous and noxious gases which appellant had negligently permitted to accumulate and remain in its mine. Appellant denied the negligence charged, and by a second paragraph pleaded that its mine was skillfully operated…