Kenmont Coal Company v. Summers

Opinion of the Court by

Judge Clay

Beversing.

On the death of Mack Summers, an employee of the Kenmont Coal Company, his widow and children applied to the Workmen’s Compensation Board for compensation. The bgard found that Summers ’ death was not due to_ an..accident arising out of and in the course of his employment, and denied compensation. On petition for review the Perry circuit court set aside the award and rendered judgment' for the applicants in the sum of $4,000. The coal company appeals.

The evidence may be summarized as follows: Appellant’s property adjoins the village of Jeff, and in…