Ex Parte Little Cahaba Coal Co.

This is a proceeding by certiorari to review the judgment of the circuit court awarding compensation to the dependent widow hnd minor children of Wiley B. Ellis, deceased.

The defenses relied upon are: That the accident causing death did not arise out of and in the course of the employment; and that the fatal injury was caused by the willful misconduct of deceased. On these issues the findings of fact by the trial judge are as follows:

“(2) That on the 13th day of September, 1923, the said Wiley B. Ellis was in the employment of the defendant, Little Cahaba Coal Company, a corporation, in the…