Ellis v. Nevius Coal Co.

The opinion of the court was delivered by

Burch, J.:

The action was one to recover compensation for the death of a workman on whom the plaintiffs claimed to be dependent. A demurrer was sustained-to the petition and the plaintiffs appeal.

At the time of his death the workman was seventeén years of age. He was taken into the family of the plaintiffs when he was two years old. His father was then dead and his mother died soon afterward. He was taken by the plaintiffs under an oral agreement with his mother that the plaintiffs would adopt him, rear him as their own child and give him their name,…