Supreme Court of Virginia September 10, 1908 (Norton Coal Co. v. Murphy)

Buchanan, J.,

delivered the opinion of the court.

A. W. Murphy, the defendant in error, while engaged in repairing tracks in the coal mine of the Norton Coal Company, the plaintiff in error, was injured by a piece of slate, some nine feet long, five feet wide and seventeen inches thick, falling upon him from the roof of the room or haulway in which he and another employee named Hanks were working.