Gooseby v. Pinson Tire Company

1. “No compensation shall be allowed for an injury or death due to the employee’s wilful misconduct, . . due to intoxication or wilful failure or refusal to . . perform a duty required by statute. . . The burden of proof shall be upon him who claims an exemption- or forfeiture under this section.” Code, § 114-105.

2. “The general rule is that mere violations of instructions, orders, rules, ordinances, and statutes, and the doing of hazardous acts where the danger is obvious, do not, without more, as a matter of law, constitute wilful misconduct; and where the misconduct consists of a failure…