Legal Opinion

State Ex Rel. Mountain Fuel Co. v. Trent

West Virginia Supreme Court

Decided September 29, 1953No. 10592PublishedCited by 14 opinions

1Opinion of the Court

Browning, Judge:

Relator, Mountain Fuel Company, a corporation, seeks a writ of mandamus directing the respondent, State Compensation Commissioner, to classify an accident occurring in relator’s mine on October 23, 1946, as a “catastrophe” within the meaning of the Workmen’s Compensation Act, and to credit the charges heretofore made against relator’s account accordingly.

The accident occurred when thirteen of relator’s employees were exposed to a quantity of carbon dioxide gas or “black damp”. One employee died immediately as a result of such exposure, one other was declared to be permanently…

2Cases cited3 opinions

  1. State v. ConleyWest Virginia Supreme Court · 1937
  2. Baird-Gatzmer Corp. v. Henry Clay Coal Mining Co.West Virginia Supreme Court · 1948
  3. Raynes v. Nitro Pencil Co.West Virginia Supreme Court · 1949

3Cited by14 opinions

  1. State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
  2. State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
  3. State Ex Rel. Fox v. Board of Trustees of the Policemen's Pension or Relief FundWest Virginia Supreme Court · 1964
  4. Terry v. State Compensation CommissionerWest Virginia Supreme Court · 1963
  5. State ex rel. Magun v. SharpWest Virginia Supreme Court · 1958

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