Ferguson v. Middle States Coal & Coke Co.

Lynch, Judge :

The plaintiff, while in the service of the defendant, received the injuries for which he sued. The jury found against him upon all the evidence introduced upon the trial. This verdict the court set aside upon his motion, and the defendant obtained this writ.

The defendant at the time of the injury was engaged in mining and marketing coal from a shaft mine at Unger, McDowell county. The shaft is perpendicular and 185 feet deep. It is lined in part with a stone wall, and in part by heavy timber, to prevent undue water seepage, the corrosion or , crumbling of the earth, and the…