Morrison v. Tennessee Consolidated Coal Co.

This is a suit for damages for personal injuries. Defendant interposed several pleas, among others, a plea that the injury sued on was compensable under the Workmen’s Compensation Law. A demurrer was filed to this plea, which was overruled by the trial judge, the plea held good and the suit dismissed.

The declaration averred that plaintiff was employed in defendant’s coal mine operating a large hammer or drill, used for tlie purpose of removing coal; that said drill was an unsuitable and dangerous instrumentality for the reason that it threw off in the air “rock, slate and other dust and…