delivered the opinion of the court.
Action to recover for personal injuries to miner caused by fall of rock and slate. Judgment for plaintiff. Appeal from the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding. Heard in this court at the March term, 1918.
Reversed and remanded.
Opinion filed November 1, 1918.
Miley & Combe and A. E. Somers, for appellant; Warren Nichols, of counsel.
Lewis, Ronalds & Lewis, for appellee.
delivered the opinion of the court.