Wills v. Montfair Gas Coal Co.

Lively, Judge :

Having overruled the demurrer to the declaration and to each count thereof, the circuit court has certified its ruling for review.

This suit is in case and against the Montfair Gas Coal Company and Thomas Jarrett, its mine superintendent, for the death of plaintiff’s decedent, Tony Wills, an employee of defendant Coal Company, alleged to have been caused by the negligence of both defendants.

The first count charges, in substance, that defendants employed Tony Wills, a boy under the age of sixteen years, to work in the coal mine and in which employment he was killed in the…