#### Joe Moreen, defendant in error, v. William C. Niblack, trustee in bankruptcy for O’Gara Coal Company, bankrupt, plaintiff in error.

Action to recover for personal injuries sustained by miner caused by fall of slate. Judgment for plaintiff. Error to the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed November 1, 1918.

Miley & Combe, for plaintiff in error.

Fowler & Rumsey and W. C. Kane, for defendant in error.

Mr. Justice McBride

delivered the opinion of the court.