Dickinson v. Stuart Colliery Co.

Millee, Judge :

This is an action by plaintiff, as administrator, under sections 5 and 6, chapter 103, Code 1906, — our Lord Campbell’s Act — for wrongfully causing the death of Dallas E. Love, a boy *326under twelve years of age, employed in defendant’s coal mine, the result of an explosion on January 29, 1907.

On the trial, after plaintiff had introduced all his evidence and rested, the court below, on motion of defendant, struck out all the evidence, directed a verdict for defendant, and thereon pronounced the judgment of ■nil capiat, now complained of.

The declaration contains thirteen counts,…