In Re Smith

236 P.2d 87 (1951)

In re SMITH.

SMITH et al.

v.

SUNSHINE MINING CO.

No. 7725.

Supreme Court of Idaho.

July 10, 1951.

Rehearing Denied October 12, 1951.

H. J. Hull and Sons, Wallace, for appellant.

E. B. Smith, Walter Oros, both of Boise, for respondent.

TAYLOR, Justice.

On Monday, May 10, 1948, at about 2:00 p. m., Clifford D. Smith died in the underground workings of the Sunshine Mine. At the time of his death he was 40 years of age, apparently in good health, and had been for a number of years engaged in manual labor. He commenced working for the defendant (appellant) on or about December 15, 1947. At…