Bucci Et Ux. v. Lincoln Coal Co.

Opinion by

Baldbige, J.,

George Bucci, single and 21 years and 5 months of age, was killed May 5, 1938, by a fall of rock in defendant’s coal mine where he was employed. A claim petition was filed alleging that his parents and sister, 11 years of age, were partially dependent for support upon the deceased. The defendants filed an answer denying dependency and averred that deceased did not meet with an injury in the course of his employment.

The referee held that although the claimants were partially dependent they were not entitled to an award as the decedent had taken himself out of his…