Boyd v. Crescent Coal Co.

Opinion op the Court by

Wm. Rogers Clay, Commissioner

Affirming.

Appellant, L. W. Boyd, brought this action against appellee, Crescent Co.al Company, to recover damages for personal injuries. The jury-found for defendant, and plaintiff appeals.

*788The only error relied upon is the failure of the court properly to instruct the jury.

Appellant charged in his petition that appellee’s foreman commanded and directed him to remove certain falling slate. Appellant informed the foreman that he was afraid of the roof in the mines at that point. The foreman examined the roof, and after the examination directed…