MOREMEN, Justice.
This is an appeal from a judgment by which appellee, Helen Barnett, was awarded damages in the sum of $6,500 against appellant, Fourseam Coal Corporation.
It was alleged in the petition that appellee, while walking on a public highway over which appellant was operating a tipple, from which it had "carelessly, negligently and recklessly, removed or caused to be removed a plank from the bottom of the floor of said tipple so as to cause large...
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