Ellis v. Black Diamond Coal Mining Co.

GOODWYN, Justice.

On May 28, 1949, Nellie Ellis, as administratrix of the estate of Louis Ellis, deceased, appellant, brought suit in the circuit court of Jefferson County under the homicide statute, Code 1940, Tit. 7, § 123, against the Black Diamond Coal Mining Company, appellee. In her complaint, at that time consisting of one count, she alleged that her intestate’s death was caused by silicosis contracted while working in the defendant’s coal mine, and that his death was a direct result of the defendant’s negligence in failing to keep the air in the mine reasonably free of silica dust.…