Healey v. Carey, Baxter & Kennedy, Inc.

Opinion by

Hirt, J.,

Two separate proceedings were brought by claimant, one seeking to recover compensation from Carey Baxter & Kennedy, Inc., on whose mining operation the injury occurred, and the other against Yesu brothers, truckers, who were the immediate employers of claimant. Admitting that claimant lost the use of an eye in the course of his employment, each of these employers maintains that the other is liable for the payment of compensation. The referee and the board found the Carey company alone liable and made an award accordingly. The lower court on appeals, reversed in both cases…