Hamilton v. Swigart Coal Mine

OPINION

Kimball, Chief Justice.

This is a proceeding in error for review of an order disallowing the claim of the dependent family of a deceased workman for compensation under the Workmen’s Compensation Law, § 124-101 et seq. R. S. 1931. The workman, Lee Hamilton, who was employed as a miner in a coal mine operated by the employer, Ross A. Swigart, died from injury received when he was struck by a coal car. The employer contested the claim on the ground that the injury was not a result of the employment, and was due solely to the culpable negligence of the workman in being at a place where he…