Louisville Fire Brick Works v. Tackett

Opinion of the Court by

Judge McCandless

Affirming.

This is a second appeal. A statement of the facts and legal questions involved appears in the the former opinion, reported in 203 Ky. 367, and but little need he added, thereto.

Appellee, a miner, while removing clay from a room of appellant's mine, was injured by a quantity of slate-which fell upon him from the roof. In the original petition his cause of action was based on the failure of the defendant to furnish him with a reasonably safe place in which to work. (On the first trial he recovered a judgment for $6,000.00. In the appeal from that…