Old Diamond Coal Co. v. Denney

Opinion of the Court by

Judge Miller

Reversing.

While the appellee Denney was working for the appellant as an operator of a machine in cutting coal in appellant’s mine, he was injured by slate falling from the roof of the room in which he was working. Appellee brought this action for damages, alleging that the roof was unsafe and dangerous; that its condition was known to the appellant, but unknown to the appellee; that the appellant’s mine foreman told appellee that the room was perfectly safe, and that appellee relying upon said statement, was at work in said room at the time he was injured,…