Charles v. Elkhorn Mining Co.

Opinion of the Court by William:

Rogers Clay Commissioner —

Affirming.

In this suit by Henry Charles against the Elkhorn Mining Company to recover damages for personal injuries, the trial court directed a verdict in favor of the defendant and plaintiff appeals.

The evidence shows the following facts: In moving a coal cutting machine through the main entry of one of defendant’s mines the machine men lost control of it. The machine ran down grade and knocked down all the props and other timbers under the roof of the entry for a distance of 75 or 100 feet. The mine foreman directed the timber…