Beaver's Administrator v. Proctor Coal Co.

OPINION OF THE COURT BY

William Rogers Clay, Commissioner

Affirming.

This is the second appeal of this case. The opinion on the former appeal may be found in 151 Ky., page 839, under the title of Proctor Coal Company v. Beaver’s Administrator. It was there held that it was Beaver’s duty to prop his room, and failing to do so, he violated the law. It was further adjudged that his own negli*579gence was the proximate and direct canse of his injury, and that for that reason a peremptory instruction should have been given. However, in remanding the case, the court used the following language:

“It is…