Long v. Babcock Lumber & Boom Co.

McGinnis, Judge.

This is an action of damages brought by the administra-trix of the estate of Shrader Wilfong, who died from ptomaine poisoning with which he was stricken while in the employment of the defendant as laborer in the woods near Davis, West Virginia. The trial court overruled defendant’s demurrer to the declaration and has certified to¡ us the question arising on its ruling thereon.

The declaration alleges that the defendant was engaged in the business of manufacturing lumber and by-products thereof at the town of Davis, at which place was located its manufacturing plant, office and…