Lucky-Kidd Mining Co. v. State Industrial Commission

Opinioni by

LOGSDON, C.

This proceeding raises a rather difficult question as to the true meaning and correct interpretation of the clause, "accidental personal injury-sustained toy the employe arising out of and in the course of his employment,” as contained in our Workmen’s Compensation Liny. (Comp. Stat. 1921, sec. 7285.)

Succinctly stated, the facts are: Claimant, for several months prior to the accident, had been in the employment of peti tioner as a hoisterman. His duties required him to stay in the hoisting tower, elevated above the mine shaft entrance ana to operate the hoisting…