Baziules v. O'Gara Coal Co.

This was a suit brought by appellee as administratrix for the benefit of the next of kin of Joseph Baziules, who was killed while employed in one of appellant’s coal mines, by being struck and run over by certain pit cars. There were two counts in appellee’s declaration. The first charges that appellant wilfully propelled down an entry, through which appellee’s intestate was walking, a trip of pit cars, by machinery, without having on the front end of the pit cars a conspicuous white light as required by statute and that said cars struck, ran over and killed him. The second charged common-law…