Dickerson v. Henrietta Coal Co.

Mr. Presiding Justice Higbee

delivered the opinion of the court.

Appellee was injured by a rock falling from the roof of appellant’s mine in which he was engaged as a. coal miner. He brought suit against appellant, charging it in one count of the declaration with a failure to perform its statutory duty to provide a sufficient supply of props, caps and timbers, delivered on the miners’ cars at the usual place when demanded, as nearly as possible, in suitable lengths and dimensions for securing the roof of the mine; and in another count charging that it was the custom of the mine for the miners…