Collins v. Brier Hill Collieries

The circuit court dismissed plaintiff’s suit for compensation for the death of her husband, and she has appealed in error.

Plaintiff’s motion for a new trial was directed -only at the sufficiency of the evidence to sustain the judgment denying the award. The evidence was not preserved by bill of exceptions, and plaintiff’s claim must be tested by the written finding' of facts made a part of the record by the learned trial judge.

The Workmen’s Compensation Statute (Acts 1919, chapter 123, section 10), excludes from its application an injury or death “due to the employee’s wilful misconduct. ’ ’

Th…