Smith v. Donald Coal Co.

MeRedith, Judge:

George Smith, administrator of the estate of Luco C. Avis, deceased, seeks in this action to recover damages for the death *255of his intestate, the result of injuries suffered in an explosion of gas in defendant’s coal mine.

Plaintiff filed three declarations in the case, an original declaration, and first and second amended declarations. A demurrer to the original declaration was sustained; the first amended declaration was withdrawn upon motion of the plaintiff and the second amended declaration was attempted to be substituted therefor. Upon objection of defendant, however, the…