Morris, J. This was an action by appellee against appellant, for damages, for personal injuries for alleged negligence, under §12 of the mining act of 1905 (Acts 1905 p. 65, §8580 Burns 1908). The trial court overruled a demurrer to the complaint, which action is here assigned as erroneous. There was a trial by jury, verdict for appellee in the sum of $3,000, and judgment thereon. Appellant’s motion for a new trial was overruled, a…
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