#### Anton Palmieri, Appellee, v. Illinois Third Vein Coal Company, Appellant.

Gen. No. 6,433.

(Not to he reported in full.)

Appeal from the Circuit Court of Bureau county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the April term, 1917.

Reversed and remanded.

Opinion filed August 7, 1917.

Statement of the Case.

Action by Anton Palmieri, plaintiff, against Illinois Third Vein Coal Company, defendant, to recover damages for personal injuries sustained by plaintiff while in defendant’s employ. From a judgment for plaintiff for $1,000, defendant appeals.

McDougall, Chapman & Bayne, for appellant; Mastin & Sherlock, of counsel.

*406Abstract of the Decision.

1. Workmen’s Compensation Act, § 3 * —when employer presumed to be operating under act. An employer engaged in extra-hazardous employments as defined by the Workmen’s Compensation Act is presumed to be operating under the act.

2. Workmen’s Compensation Act, § 12*—what is necessary for statement of good cause of action at common law. To state and make a good cause of action by an employee against his employer for personal injuries, it must appear that the defendant has rejected the provisions of the Workmen’s Compensation Act in the manner prescribed therein and was guilty of some infraction of law occasioning the injury complained of.

3. Workmen’s Compensation Act, § 12*—when burden on plaintiff to show rejection by employer of provisions of. The burden is on the plaintiff, in an action at common law by an employee against his employer for personal injuries, to establish his allegation that the defendant had rejected the provisions of the Workmen’s Compensation Act.

J. L. Spaulding and J. L. Murphy, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Carnes

delivered the opinion of the court.