Cogar Grain, Coal & Feed Co. v. Workmen's Compensation Board

Opinion of the Court by

Judge Cdarke

Affirming.

This is an appeal from a judgment of the circuit court affirming an award of the workmen’s compensation board in favor of the widow of Marshall Smith, who-was killed while riding in an elevator of his employer, the appellant. The grounds, for reversal are (1) that decedent had not accepted the provisions of the workmen’s compensation act as therein prescribed, and (2) that the accident causing his death did not arise out of and in the course of his employment.

The act provides that the acceptance of the provisions thereof shall be effected by his…