Loudy v. Elcomb Coal Co.

Opinion op the Court by

Stanley, Commissioner

Affirming.

The petition of the appellant, Calvin Loudy, against the appellee, Elcomb Coal Company, was dismissed upon his failure to make it more certain and specific under order of the court or to amend after a general demurrer was sustained to it.

The petition merely alleged that the plaintiff was a coal loader in the defendant’s mines from May 15, 1940, to April 3, 1942; that he worked every day the mines ran between those two dates; that the defendant “gave him short weights on his tonnage of coal mined during said time by the plaintiff to the…