#### Della Kirk, administratrix of the estate of Robert Kirk, deceased, appellee, v. Federal Coal Company, appellant.

Action to recover for death of minor caused by shot fired in adjoining room blowing through into room in which deceased had taken refuge. Judgment for plaintiff. Appeal from the Circuit Court of Williamson county; the Hon. Benjamin W. Pope, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed November 1, 1918.

A. M. Fitzgerald, W. O. Potter and William E. Wheeler, for appellant.

Neely, Gallimore & Cook, for appellee.

Mr. Justice McBride

delivered the opinion of the court.