Consolidation Coal Co. v. Spradlin

Opinion of the Court by

Judge Clarke

Reversing.

On tbe Friday before tbe Tuesday upon wbiob tbe accident complained of happened, appellee, wbo bad bad two years’ experience in sucb work, began work witb bis brotber-in-law, Blackburn, upon a contract theretofore made witb appellant, to construct a breakthrough between two air passages in a coal mine. Their duties were to cut, shoot down and load out tbe coál in tbe break-through, which was about three and one-half feet high, about nine feet wide, and the distance between the air passages was twenty-five or thirty feet. A breast machine was used…