Davies v. Rose-Marshall Coal Co.

Citations

• 71 Wash. 560
• 129 P. 98
• 1913 Wash. LEXIS 1364

Syllabus

<p>Pleading — Complaint—Election—Wrongful Death — Proximate and Concurrent Causes. In an action for the wrongful death of a coal miner, the complaint states hut a single cause of action, and it is error to require an election, where it is alleged, as proximate causes of the death, (1) that overhead rock fell upon the decedent through defendant’s failure to furnish proper timbers, which caused gases to collect, and (2) that, through want of a sufficient ventilating system in decedent’s working place, the gases caused decedent to fall to his death, since the two causes were concurrent.</p>