Thorn v. Edgar Zinc Co.

The opinion of the court was delivered by

Mason, J.:

M. E. Thorn was injured while in the employ of the Edgar Zinc Company. He recovered a judgment against the company under the workmen’s compensation act, and it appeals.

A reversal is asked solely on the ground that the circumstances were such as to constitute a valid defense under the italicised words in the following extract from the statute:

“If it is proved that the injury to the workman results from his deliberate intention to cause such injury, or from his willful failure to use a guard or protection against accident required pursuant to…