Shaver's Administrator v. Louisville Gas & Electric Co.

Opinion of the 'Court by

Judge Clarke

Affirming.

Alleging that his intestate, a boy twelve years of age, was killed by falling into1 an air shaft -on the premises of appellees, this action was instituted by appellant to recover damages therefor. A demurrer was sustained to his petition as amended, and this appeal challenges the correctness of that ruling.

*181It is averred that the coal mine with which the air shaft is connected had been abandoned for some months, and that decedent’s death resulted from appellees’ negligent failure to protect the air shaft by fences or otherwise. Hence, the primary…