Blackburn v. Coffeyville Vitrified Brick & Tile Co.

The opinion of the court was delivered by

Porter, J.:

The principal question to be determined by defendant’s appeal is whether in an action under the workmen’s compensation act the judgment is sustained by evidence which established the fact that a disease from which the plaintiff suffers was caused by an injury arising out of and in the course of his employment.

At the time of his injury, plaintiff was a young man 19 years of age. His evidence tended to show that previous to the injury he was an able-bodied man who had been working as a common laborer for about two years at construction work,…