Belshaw

— This is an action to recover damages from defendants on account of their negligence in suffering the roof of a drift in a coal mine to remain without support, by reason whereof a portion of said roof fell upon plaintiff, who was a laborer in the mine, and injured him.

A verdict for damages was rendered against M. W. Belshaw and Dickenson, and in favor of defendant Charles Belshaw.

This appeal is prosecuted by M. W. Belshaw from *430 the judgment and order denying his motion for a new trial.

Under the law as applied to the facts of this case it plainly appears that no liability rests against the appellant, Belshaw. While we will not disturb the verdict of a jury where the evidence is conflicting upon substantial matters, yet in all cases the verdict must have some meritorious support from the evidence, or be set aside and disregarded.

In this case the evidence is undisputed that at the time of the accident, and for some months prior thereto, the mine was in the exclusive possession and control of defendant Dickenson, under a contract with Belshaw, who was the owner thereof; that under such contract Dickenson employed and paid the workmen; had entire charge of and authority…