Holly v. McDowell Coal & Coke Co.
Court of Appeals for the Fourth Circuit
In Krror to the District Court of the United States for the Southern District of AVest Virginia, at Bluefield; Benjamin F. Keller, Judge. Action by Lee Holly, as administrator of Oscar Holly, deceased, against the McDowell Coal & Coke Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
DAYTON, District Judge.
Oscar Holly, a coal miner, employed by the defendant, was killed by falling slate near the mouth of what is called the “Kentucky entry” to defendant’s mine. The plaintiff, as his administrator, instituted this action in the court below1. A demurrer to his declaration and each count thereof was sustained, and this writ of error thereupon sued out.
The declaration originally contained four counts. By amendment two additional ones were added. The general allegations of fact as set forth in the first count are that on January 2, 1912, decedent was assigned to a working place…
2Cases cited13 opinions
- Watson v. MarylandSupreme Court of the United States · 1910
- Tinsley v. AndersonSupreme Court of the United States · 1898
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
- St. Louis Consolidated Coal Co. v. IllinoisSupreme Court of the United States · 1902
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3Cited by5 opinions
- State Ex Rel. Perry v. MillerWest Virginia Supreme Court · 1983
- Algoma Coal & Coke Co. v. AlexanderWest Virginia Supreme Court · 1950
- Flanigan v. Security-First Nat. BankDistrict Court, S.D. California · 1941
- South Carolina ex rel. Maybank v. South Carolina Electric & Gas Co.District Court, D. South Carolina · 1941
- Algoma Coal & Coke Co. v. AlexanderWest Virginia Supreme Court · 1951