Lemley

This is an appeal from a judgment for seven thousand five hundred dollars in favor of the administratrix of the estate of Clyde V. Lemley, deceased, on account of the death of said deceased. There are two questions presented by the appeal. The first of these is: Was the deceased at the time of the accident which caused his death subject to the compensation provisions of the Roseberry Act? The facts of the case, pertinent to this inquiry, are as follows: Lemley, the deceased, was employed by the foreman of the defendant, Doak Gas Engine Company, about the middle of January, 1913, as a machinist's helper. He continued to work daily at the plant of the defendant until March 8, 1913, the date on which he was killed. He had been hired at a daily *Page 148 wage. At the time of his employment his employer, the defendant herein, was not subject to the provisions of the Roseberry Act. On February 19, 1913, which was seventeen days before the day on which Lemley was killed, the employer elected to accept the provisions of this act. The deceased had not given to the defendant any notice that he elected not to become subject to the compensation provisions of the act up to the time of his…

In denying the application for a hearing in this court after decision in the district court of appeal of the first appellate district, we deem it proper to say that the statement in the opinion of the district court of appeal to the effect that no objection was made to the qualifications of the witness Downie as an expert is, in our opinion, erroneous, as *Page 155 the objection "that the proper foundation had not been laid" fairly presented the question of the sufficiency of the evidence as to the expert qualifications of the witness. However, we are of the opinion that there was sufficient evidence as to such qualifications, and in so far as this ground was concerned, the objection was properly overruled. The application for hearing is denied. All the Justices concurred.