MacEnka v. Lehigh C. & Nav. Co.

Opinion by

Linn, J.,

Claimant’s husband was suffocated by “mine gas.” The compensation authorities and the learned court below agreed in refusing compensation on the ground that he had taken himself out of the course of his employment by entering a prohibited area. On the facts found by the compensation board, we must affirm the order.

Gas was found July 8 in the chute in which decedent had been working, whereupon further mining was ordered suspended. In the words of the finding: “The day following, or July 9, 1930, the decedent and three other men were put to work constructing a ventilator…