#### Dosey Douglas, administratrix of the estate of A. D. Douglas, deceased, appellee, v. Sesser Coal Company, appellant.

Action for negligent death against an employer who had not elected to come under the compensation act. Judgment for plaintiff. Appeal from the Circuit Court of Eranklin county; the Hon. Julius C. Kern, Judge, presiding. Heard in this court at the October term, 1921.

Reversed.

Opinion filed March 24, 1922.

William H. Hart and William W. Hart, for appellant. Layman So Johnson and D. G. Thompson, for appellee.

Mr. Presiding Justice Higbee

delivered the opinion of the court.