Duncan Coal Co. v. Thompson's Administrator

Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

*305W. J. Thompson, while working in a mine of the W. Gr. Duncan Coal Company, was killed. In this action for damages, his administrator recovered judgment in the sum of $4,500. The coal company appeals.

Thompson, who was 46 years of age, had been working as a miner for about two years. A contract made by the United Mine Workers of America with the Employers’ Association, of which the coal company was a member, was introduced in evidence without objection from either side. Section 9 of that contract provides: “The company shall lay…