Colebank v. Nellie Coal & Coke Co.

Maxwell, Judge:

This is the second time this case has been before this Court. In the first instance, the circuit court, after sustaining a demurrer to the plaintiff’s declaration, certified its ruling here, and upon consideration whereof, this Court being of opinion that the declaration was good, overruled the demurrer and remanded the case for further proceedings. Colebank v. Nellie Coal & Coke Company, 103 W. Va. 15. Subsequent to the time of remanding the case the same was put on trial before a jury, and at the conclusion of the introduction of plaintiff’s testimony the court sustained a…