Rogers Administrator v. Kosmos Portland Cement Co.

*85Opinion op the Court by

Judge Nunn

Affirming.

Todd Rogers was 17 years of age and above tbe average in development and intelligence, as well as willingness to serve. He was in the employ of appellee, and, on the morning of February 19th, 1913, shortly after he reached the plant for duty, he was missed by his associate employes, and, after a search, his remains were found at the bottom of a huge bin completely covered by the crushed stone contained in it. Whether he was suffocated or his neck broken is a matter in dispute, but it is not very material which. In this action to recover damages for…