Morris v. Coal Min. Co. of Graceton

Opinion by

Arnold, J.,

In this workmen’s. compensation case the claimant is the widow of an employe of the defendant, who met his death in the coal mine in which he was employed. The referee and the board dismissed the petition, and the court below affirmed. The only defense presented was the affirmative one 1 that the decedent had taken himself ont of the course of employment by violating parts of the Bituminous Mine Act of 1911, or the positive orders of the employer. Appellant contends that the employer did not sustain its burden and did not produce a “clear preponderance of evidence that at…