Boyd v. Brazil Block Coal Co.

—This cause was transferred to the Supreme Court for the reason that counsel claimed a constitutional question was involved. The Supreme Court ordered its return to this court upon the ground that no constitutional question was properly presented.

This action is prosecuted by the appellant, John Boyd, as administrator of the estate of John W. Elliott, deceased, under §285 Burns 1894, to recover damages for the benefit of Elliott’s children on account of a personal injury sustained in a coal mine, which resulted in his death. The complaint consists of three paragraphs.

The court sustained a…