Wilson Berger Coal Co. v. Metcalf

Opinion op the Court by

Judge Clay

Affirming.

The Wilson Berger Coal Company and its employee, Moss Metcalf, had both accepted the provisions of the Workmen’s Compensation Act. On May 22, 1927, Met-calf was shot and killed. His wife, Samantha Metcalf, applied to the Workmen’s Compensation Board for compensation. Her claim was rejected by the board, but allowed on appeal by the Harlan circuit court. From the judgment allowing the claim the coal company appeals.

The evidence discloses that Metcalf, who was also a deputy sheriff, was employed by appellant as peace officer, and that the homicide…