Barley's Adm'x v. Clover Splint Coal Co.

Opinion of the Court by

Chief Justice Rf.es

—Affirming.

Elmer Barley died January 15, 1939, following au operation for appendicitis. His widow, Celia Barley, qualified as administratrix of his estate, and brought an action against the Clover Splint Coal Company and Armstrong Matthews, its superintendent, to recover damages for his death. A demurrer to the petition was sustained, and the plaintiff declined to plead further. This is an appeal from the judgment dismissing her petition.

It was alleged in the petition that Elmer Barley was an employee of the Clover Splint Coal Company at the time he…