Muir v. Wilson Coal Co.

Opinion by

Ervin, J.,

In this workmen’s compensation case the referee made an award which was affirmed by the board and the court below. This appeal followed.

The only question involved is whether the claimant’s decedent, Norman Muir, was engaged in the furtherance of the employer’s business and affairs, and, therefore, within the course of his employment, at the time he sustained the accidental injuries which directly caused his death.

On October 17, 1956, at about 7:35 a.m., the decedent and other crew members were passengers in a car owned and operated by one Paul Both, a fellow crew member,…