Ashby v. Davis Coal & Coke Co.

MillbR, Judge-.

This is an action for damages for injuries sustained by plaintiff from a fall of slate while he was working in defendant’s mine at Dartmore, West Virginia. The trial court sustained defendant’s demurrer to the declaration and has certified to us certain questions arising on his ruling thereon.

The declaration alleges that plaintiff was at the time of his injuries employed by defendant in its coal mine and was then working in the course of his employment; that defendant was a subscriber to the workmen’s compensation fund and had complied with the law in relation thereto; that…