New River Coal Co. v. Files

“Accident” is defined in our Workmen’s Compensation Law to mean “an unexpected or unforeseen event, happening suddenly and violently with or without human fault, and producing at the time injury to the physical structure of the body, by accidental means.” Code, § 7596L “Personal injuries * * * shall not include a disease unless the disease results proximately from the accident.” Id. (j).

The evidence for plaintiff tended to show that while engaged in coal mining he was overcome and for a time rendered unconscious from breathing carbon dioxide or carbon monoxide, or both; that the bad air was…