Squilache v. Tidewater Coal & Coke Co.

Miller, Judge:

The plaintiff sued for injuries sustained in the coal mine of the defendant. The declaration, in three counts, the demurrer to which was overruled, after averring defendant’s ownership of the mine, servantcy of plaintiff as a miner therein, and alleged duties of the defendant with respect to the accumulation of fire damp, gases, fumes and vapors, charges, by way of assigning breach thereof, in the first count, that it negligently and knowingly permitted to accumulate in said mine where plaintiff was employed, without knowledge thereof on his part, fire damp, fumes, gases and…