Morrison v. Smith-Pocahontas Coal Co.

MilleR, Judge :

Tbe purpose of tbe present writ is to review and reverse tbe judgment below in favor of plaintiff for $8,000.00, for personal injuries sustained while employed in defendant’s coal mine.

At tbe time of plaintiff’s injuries, according to tbe declaration and proof, be was an infant between tbe ages of fourteen and sixteen. Tbe declaration is in two counts, tbe first averring as tbe sole act of negligence tbe employment of plaintiff by defendant while tbe public schools of tbe district in which be lived were actually in session, contrary to tbe statute in such cases made and…