Caldwell v. Workmen's Compensation Appeal Board

Maxwell, Judge:

This appeal involves the construction of Code 1931, 22-2-61 and 62, which relate to persons riding on minfi locomotives and loaded mine cars. The appellant, Caldwell, was injured while riding upon a loaded mine car. He proved, without controversion, an established custom of employees generally to ride the loaded cars with the full knowledge and tacit acquiescence of the mine foreman, though without his express permission. Frequently, the mine foreman rode on loaded cars with claimant and other employees. Caldwell was refused compensation on the ground that he violated the above…