Island Coal Co. v. Swaggerty

• Decision Date: 16 January 1901
• Docket Number: 19,643
• Citation: 62 N.E. 1103,159 Ind. 664
• Parties: Island Coal Company v. Swaggerty
• Court: Indiana Supreme Court

62 N.E. 1103

159 Ind. 664

Island Coal Company v. Swaggerty

No. 19,643

Supreme Court of Indiana

January 16, 1901

Rehearing Denied January 13, 1903, Reported at: 159 Ind. 664 at 665.

From Daviess Circuit Court; D. J. Hefron, Judge.

Action by William F. Swaggerty against the Island Coal Company for personal injuries. From a judgment for plaintiff, defendant appeals.

Affirmed.

C. E. Barrett, C. G. Gardiner and W. R. Gardiner, for appellant.

C. E. Davis and W. V. Moffett, for appellee.

OPINION

Baker, J.

This cause has been transferred here because the Appellate Court was equally divided on the questions involved. Island Coal Co. v. Swaggerty, 27 Ind.App. 697, 60 N.E. 1125.

Appellee had judgment against appellant for damages for personal injuries, the proximate cause of which was alleged to be appellant's failure to comply with certain provisions of the statutes in relation to the operation of coal mines. The assignments challenge the sufficiency of the complaint and the correctness of the ruling denying a new trial. The controlling questions relate to assumption of risk and contributory negligence, and were decided adversely to appellant's contention in Davis Coal Co. v. Polland, 158 Ind. 607, 62 N.E. 492.

We find no error in the record. Judgment affirmed.