Missouri Court of Appeals April 4, 1910 (Lower v. Marceline Coal & Mining Co.)

JOHNSON, J.

Plaintiff, a miner employed by defendant, the owner of a coal mine, was injured by the fall of material from the roof of the mine. The cause of action pleaded in his petition is founded on specified negligence of defendant. The answer, in addition to a general denial, contains pleas of contributory negligence and assumed risk.