Kubes v. Hillman Coal & Coke Co.

Opinion by

Linn, J.,

This appeal is from the refusal of Workmen’s Compensation. We agree with the referee, the board and the court below that plaintiff is not entitled to an award for reasons that we shall state.

The referee’s findings of fact approved by the board and supported by evidence show that plaintiff was a bituminous coal miner. He left his place of work at quitting time on a Saturday. On his return on the following Monday with a fellow workman, Farkas, “they found,” in the words of the referee, “that there had been a cave-in and tbeir tools had been buried under the debris. They made…