Hughes v. Eldorado Coal & Mining Co.

4. Pleading, § 56*—when count preserved as part of declaration after direction of verdict. Where the evidence as to a count is stricken and a verdict directed as to the count, the count is not thereby stricken but remains part of the declaration for reference purposes and may furnish a sufficient basis for additional counts setting forth the cause of action in a manner more accurate and legal than in the disapproved count. 5. Workmen’s Compensation Act, § 12*—when declaration in action for death sufficient. In an action at common law to recover for injuries resulting in the death of…