Stout v. Elkhorn Coal Co.

Opinion of the Court by

Judge Thomas

■Reversing.

This proceeding is an effort on the part of the appellant, Harrison Stout, to procure from our Workmen’s Compensation Board an award compensating him for injuries he received on June 3, 1937, while working as a miner for appellant and defendant below, Elkhorn Coal Company, at one of its mining operations at Kona, Letcher County, Kentucky. The Board dismissed appellant’s application for an award upon the ground that the injuries he sustained while happening “in the course of his employment,” did not arise “out of” the employment. Appellant…