Threet v. Cox

delivered tbe opinion of tbe Court.

Tbis is a proceeding under tbe Workmen’s Compensation Act, Williams’ Code, Section 6851 et seq. Tbreet sued Cox for back injuries sustained while working for Cox as a coal miner. After bearing tbe proof tbe Trial Judge took tbe case under advisement and finally made a written finding of fact in which be dismissed tbe petition on the ground that tbe defendant was not subject to tbe provisions of tbe Workmen’s Compensation Act because be did not employ tbe five employees required as a minimum under the Act. Tbe pertinent part of the finding of tbe Trial Judge…