Yates v. Crozer Coal & Coke Co.

Miller, Judge:

Action by plaintiff, for personal injuries sustained while employed in operating an electric motor in defendant’s coal mine, due to the alleged negligence of defendant in failing to provide a reasonably safe track between the drift mouth and the motor house on the outside of the mine. Plaintiff obtained a verdict and judgment in the court below for six thousand dollars, interest and costs, and defendant has *52brought that judgment to this court for review on writ of error.

The first point'is that the declaration is bad, not for failure to aver affirmatively the relationship of…