Poli's Adm'r v. Cloversplint Coal Co.

Opinion op the Court by

Judge Dawson

Affirming.

On December 13, 1945, Angelo Poli, an employee of the appellees was killed instantly by a fall of slate in appellees’ mine. There were no actual eyewitnesses to the accident, but the body was found in what is described by the witnesses as butt-off No. 2 in room five of the mine..

At the time of the accident appellees, though employing a sufficient number of employees to do so, were not operating under the provisions of the Workmen’s Compensation Act, and the administrator for the estate of the decedent brought this action alleging that appellees…