Cyrulik v. Ritchey Coal Co.

An action on the case was instituted in the Circuit Court of Perry county by appellee, a minor, suing by his father as next friend, against appellant, Coal Company, to recover damages under the Mine and Miners ’ Act for alleged injuries received on December 2, 1916, while working in appellant’s mine.

The declaration consists of two counts: The first count alleges among other things that the mine examiner wilfully failed and omitted to examine the worldng place of appellee within 8 hours prior to the entrance of appellee for work in said mine, and that at said time a dangerous condition existed…