Warlop v. Western Coal & Mining Co.

KENYON, Circuit Judge.

This action was brought by appellant, Charley Warlop, under the Kansas Workmen’s Compensation Act (Rev. St. 1923, 44 — 501 to 44 — 547), asking the determination of compensation for personal injury by accident arising out of and in the course of his employment as a coal miner in appellee’s mine. The case was removed upon proper petition therefor by appellee to the federal court.

Appellee filed answer denying the right of appellant to compensation. The Kansas Workmen’s Compensation Act provides (chapter 44, art. 5, § 501 [Rev. St.]):

“If in any employment to which this act…