Kostello v. Kostello

Opinion by

Arnold, J.,

In this workmen’s compensation case it is not disputed that claimant’s husband was killed May 11, 1948, by carbon monoxide gas emanating from an internal combustion engine operating a water pump. The engine and pump were in the coal mine of the defendant: the premises of the alleged employer. It is not disputed that the decedent entered the mine to repair or adjust this machinery: to further defendant’s business.

The referee and board found the decedent was an employe acting within the scope of his duties when overcome by the carbon monoxide, and awarded compensation,…