69 So. 76 | Ala. | 1915
The evidence shows without dispute that due care for the safety of miners requires that the roof of the mine should be supported, and that the roof above the roadway must of necessity be supported by cross-collars, and not by perpendicular props, and it tends to show that there was a want of due care in this respect by some one as to the roof above the roadway at the point where plaintiff’s witnesses say this rock fell from. The evidence is in dispute, however, as to whether this rock fell from above the roadway, or from the side where a perpendicular, prop could have been used for its support, and in dispute also as to whether plaintiff was intrusted with the duty and armed Avith the authority to set cross-collars Avhere, in
Some charges were given to the jury which were unnecessary, and in fact inappropriate to the real issues that must decide this case, but it is not necessary to consider other instructions given or refused, since they may not recur on another trial under the issues as we have outlined them.
For the error noted, the judgment will be reversed, and the cause remanded.
Reversed and remanded.