Ness v. DIAMOND ASPHALT COMPANY.

This is an appeal by claimant Ness, hereinafter referred to as appellant, from a judgment of the district court of the twelfth judicial district affirming a ruling of the Industrial Accident Board. The Board had ruled that appellant was not entitled to workman’s compensation by reason of the death of Thorwald Ness, husband of claimant.

Thorwald Ness was found dead in a lavatory on his employer’s premises on January 8, 1958. The lavatory was a small room, about 5 feet long, 4 feet wide and 7 feet high. It was heated by live steam of around 280° temperature passing through a radiator. The room…