Thayer v. Smoky Hollow Coal Co.

The petition alleged in substance that the plaintiff, while passing along a cross-entry in a coal mine in quest of a car, pn October 15, 1900, was injured by the fall of slate from the roof, without fault on his part, owing to negligence of the defendant in “ allowing and permitting said cross-entry K to become and remain in an unsafe and dangerous condition, and in failing and omitting properly to support the roof thereof with timbers or otherwise as required by law, rendering it reasonably secure against falls of slate.” The answer put these allegations in issue, and on the former appeal we…