Dickinson v. New River etc. Coal Co.

Poffenbarger, Judge:

Regarding the demurrer to the declaration in this action as having been well taken, the court sustained it and entered a judgment of dismissal, to which the plaintiff obtained a writ of error.

Plaintiff’s decedent, a. child about eighteen months old, was run over and killed on the defendant’s railway track leading from the mouth of the mine to the coal yard, by a train of empty cars pushed by an electric motor. Many of the numerous employees of the company, foremen, mechanics, miners, motormen, brakemen and other laborers resided in houses provided by the defendant on its…