Sexton v. Black Star Coal Corp.

STEWART, Judge.

Ernest Sexton, age 36, prosecutes this appeal from the judgment of the Piarían Circuit Court which set aside an award of the Workmen’s Compensation Board on the ground that he had failed to give timely notice of his alleged accident and injury to his employer, Black Star Coal Corporation.

Sexton claimed he was injured the night of August 5, 1953, in his employer’s mine while he and a fellow workman, Joe Lee, were lifting a timber weighing about 150 pounds, preparatory to setting it in place against the roof of the mine. He described the occurrence in these words: “It seemed like…