Colebank v. Nellie Coal & Coke Co.

Woods, Judge:

Lee R. Colebank, the duly appointed and qualified administrator of Donald F. Colebank, deceased, instituted this action in case against the Nellie Coal & Coke Company, a corporation, to recover $10,000.00 for the wrongful death of his decedent, by reason of the gross and wanton negligence on the part of said coal company in storing powder in an unlawful and negligent manner on its properties, which were being used, and had been previously used, by the public as a place of amusement, recreation, etc. — proceeding upon the theory that his decedent was an invitee, rather than a mere…