Blanton v. Kellioka Coal Co.

Opinion of the Court by

Judge Quin

— Reversing.

This action was instituted in the name of appellant by his mother and next friend, seeking damages for personal injuries sustained through the negligence of appellee’s employes while appellant was employed at the coal mine of appellee. The petition alleged that at the date of injury appellant was under the age of sixteen years and therefore was employed and working in known and wilful violation of law. The answer denied the allegations of the petition, pleaded contributory negligence and in a third paragraph alleged that appellee had elected to…