Stonega Coke & Coal Co. v. Bush

Opinion of the Court by

Judge Clarke

Reversing.

Appellee, Will Bush, who was the plaintiff below, brought this action against the Stonega Coke & Coal Company to recover damages for injuries sustained by Mm, when, on October 3, 1914, the rear jack, which held the machine he was operating in place, fell and struck him on the head. He alleged in Ms petition that the jack was caused to fall because of the defective condition of the machine furnished to him by the defendant, which condition was known to the defendant, but was not known to him and ivas not obvious. Defendant, in addition to a traverse…