Archibald v. Workmen's Compensation Commissioner
West Virginia Supreme Court
Appeal from State Compensation Commissioner. Proceedings under the Workmen’s Compensation Act by. Clara A. Archiband to obtain compensation for death of her husband from accident in the course of his employment with the Sehofield-Cowl Company. Compensation was denied by Lee Ott, the State Compensation Commissioner, and the applicant appeals. ,
1Opinion of the Court
POEFENBARGER, JUDGE:
George Archibald, a husband and the father of three children, while working as a plumber for the Sehofield-Cowl Company, at Wheeling, West Virginia, died in consequence of accidental poisoning. That the accident occurred in the course of his employment seems not to be controverted, but that the injury arose out of the employment, or resulted from it, in the legal sense of .the terms, is denied; and compensation to the widow was refused, upon the theory that it did not.
The poisoning was not an occupational disease, such as lead-poison. Archibald drank a poisonous fluid…
2Cases cited4 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Vennen v. New Dells Lumber Co.Wisconsin Supreme Court · 1915
- Clem v. Chalmers Motor Co.Michigan Supreme Court · 1914
- Zabriskie v. Erie RailroadSupreme Court of New Jersey · 1913
3Cited by79 opinions
- Bradshaw v. AronovitchSupreme Court of Virginia · 1938
- Phil Hollenbach Co. v. HollenbachCourt of Appeals of Kentucky · 1918
- Whiting-Mead Commercial Co. v. Indus. Accident Comm'nCalifornia Supreme Court · 1918
- Thomas v. Proctor & Gamble Manufacturing Co.Supreme Court of Kansas · 1919
- Employers' Liability Assurance Corp. v. Industrial Accident CommissionCalifornia Court of Appeal · 1940
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