Chapman v. Railway Fuel Co.

SAYRE, X

Appellant sued in the right of his intestate as an employee of defendant, alleging that defendant had negligently failed to provide intestate with a reasonably safe place in which to perform the duties of his employment, and in another count alleging that defendant employer had negligently failed to comply with the statute (General Acts 1911, pp. 515, 516, § 40), requiring operators of coal mines to provide and maintain ample means of ventilation. Demurrer was sustained to the complaint on the ground that it showed plaintiff’s intestate to have been an employee engaged at the time of…