McBee's Adm'x v. Indian Head Mining Co.

Opinion op the Court by

Morris, Commissioner—

Affirming.

Appellee operates a coal mine and maintains a min ing camp near Bulan in Perry County. It had in its employ one Pearl Centers, who had been.night watchman for two years. On the night of December 12, 1937, Centers killed Robert McBee on the premises of the company. The homicide forms the basis of an action by the appellant, in which she as administratix sought recovery of $25,000 by way of damages to the estate of deceased.

In her petition, filed November 12, 1937, naming appellee and Centers defendants, she alleged that on the night in…