Evans v. Western Terra Cotta Co.

The opinion of the court was delivered by

Harvey, J.;

This was a workmen’s compensation case. Claimants are the dependent widow and children of Joe Evans, deceased, who for many years was an employee of the Western Terra Cotta Company. All questions entitling claimants to an award were stipulated except whether the death of the workman was the result of accidental injury arising out of and in the course of his employment with respondent. He worked alone at night, from 5:30 o’clock in the evening to 6 o’clock in the morning. One of his duties was to shake down the grates of the ovens. It appears…