Jaggie v. Davis Colliery Co.

Williams, Judge:

Plaintiff’s intestate, who was his son, was employed as motorman in defendant’s coal mine, and, as he was bringing a train of loaded cars out of the mine, the motor was derailed and ran against the props at the side of the haulway sup*372porting the roof, knocking some of them down and causing loose rock and slate overhead to fall on him and kill him. Plaintiff recovered a judgment for $6,000.00 for his alleged wrongful death, and defendant was awarded this writ of error. The declaration contains eleven counts. A demurrer was interposed to it and to each separate count. The court…