Hall v. Boomer Coal & Coke Co.

Miller, Judge:

Action on the case for negligently killing Perry E. Hall, a carpenter employed in building one of defendant’s coal tipples. Plaintiff obtained a verdict and judgment for seven thousand dollars, and defendant sued out of this court the present writ of error.

The first point is that the court below erred in overruling defendant’s demurrer to the declaration and each count thereof. The declaration is in two counts, the first predicated right of action on the ignorance of deceased, not regularly employed there, as to the custom of defendant in dropping empty cars under the tipple,…