Layman-Calloway Coal Co. v. Martin

Opinion op the Court by

Commissioner Sandidge

Affirming.

On January 15, 1922, James Martin, an employe of appellant, Layman-Calloway Coal Company, was killed by accident arising out of and in the course of Ms employment. His surviving widow, the appellee, Mrs. James Martin, applied to the workmen’s compensation board for compensation. Upon the hearing the board, holding that she had voluntarily abandoned her husband at the time of the accident and was not dependent upon him, refused her an award. She appealed to the circuit court, where it was held that she was entitled to compensation. The…