Morell v. Buffalo & Susquehanna C. & C. Co.

Opinion by

Cunningham, J.,. William Morell, employed for a number of years by defendant as a coal loader in one of its mines at Sykes-ville, in returning, August 6, 1929, from the place of his employment in the mine to the foot of the shaft, was riding on an electric motor locomotive; his head accidentally came in contact with the roof of the mine and injuries were inflicted which resulted in his death the day following. His dependents are his widow, Anna Morell, claimant herein, and an infant son.

The issue in the case is whether the employe, by riding on the motor, so took himself out of the…