Kolonik v. Hudson Coal Co.

Opinion by

Dithrich, J.,

The sole question involved in this appeal from an award of workmen’s compensation is whether the violation of a statute and a positive order of an employer takes an employee out of the course of his employment where there is no causal connection between the violation and the accident.

Notwithstanding the rule in negligence cases — analogous to compensation cases in that both depend upon the happening of an accident — that violation of an act of assembly is not always negligence per se, appellant would have us adopt a much more stringent rule in construing a provision of…