M. W. Martin, Inc. v. Industrial Commission

It is the position of counsel for the appellant employer that there is no support in the evidence for the commission’s finding of fact that the employer had not issued an order to the deceased employee prohibiting him from going down into the excavated ditch. Based upon the premise that such an order had been issued on the morning of the accident, counsel advances these two contentions:(1) The violation of such order by the deceased in going down into the trench caused him to be without the course of his employment at the time the fatal accident occurred.(2) In any event, such violation…