Phillips v. Okey

The opinion of the court was delivered by

Dawson, J.:

This was an action for an allowance under the workmen’s compensation act.

The-plaintiffs are the wife and children of the late John Henry Phillips who in his lifetime had been a miner and employed by the defendant for a short time during the year 1920. On August 8, the air compressor in defendant’s mine became defective, and the air became so foul that Phillips and his fellow miners had to be taken out of the mine twice during the day. Some of the workmen, including Phillips, were somewhat affected, temporarily at least, by the bad air. That…