Ellis v. Woodward Iron Company

COLEMAN, Justice.

This is a petition by an employee for certiorari to review a judgment denying workmen’s compensation. § 297, Title 26, Code 1940.

Petitioner claims that he is entitled to compensation because he contracted occupational pneumonoconiosis as the result and during the course of his employment.

Petitioner is 75 years* old. He worked in a coal mine from 1923 until 1959. The testimony justifies a finding that he was suffering from tuberculosis and cancer of the prostate. There is testimony that petitioner had pneumonoconiosis also. We are of opinion, however, that there is also legal…