Locke v. Andrasko

On Rehearing.

Mitchell, J.

This case was heard by Department Two, and an opinion filed, 175 Wash. 123, 26 P. (2d) 1046. A rehearing' has been granted, and the case reheard En Banc.

Prank and Barbara Chopeck were husband and wife. They had five children, as follows: Andrew, born in 1897; George, born in 1900; Anna (now Anna Brown), born in 1905; Rosie (now Rosie Locke), born in 1906; and Susie (now Susie Martin), born in 1909. The father, Prank Chopeck, prior to June 9,1910, was killed in a coal mine, on account of which damages were paid by the coal mining company, sixteen hundred dollars of…