Dickinson v. Sunday Creek Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Southern District of West Virginia. Action by R. H. Dickinson, as Sheriff of Fayette County, and as such sheriff administrator of the estate of Andrew Yanoski, deceased, against the Sunday Creek Company, a corporation. From an order sustaining a demurrer to the declaration, plaintiff brings error. On motion to dismiss.
1Opinion of the Court
BOYD, District Judge.
The plaintiff in error brought this action against the defendant below in the Circuit Court of the United States for the Southern District of West Virginia, at Charleston, and after the service of summons, filed his declaration on the 5th day of April, 1909, in trespass on the case, whereby he sought to recover of the defendant damages for the death of his intestate, alleged to have been caused by the negligence of the defendant in failing to provide a safe place to work for intestate who was in the employment of defendant. *79Defendant demurred to the declaration. The court…
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