Big Elkhorn Coal Co. v. Burke

Opinion of the Court by

Judge Dietzman

Affirming.

This is an appeal from the judgment of the Floyd eircnit court affirming an award made by the Workmen’s *490Compensation Board against the appellant and in favor of the appellees, the wife and dependent children of one Thnrman Burke, who was killed, as it is claimed, while working for appellant and by an accident arising out of and in the course of his employment.

The appellant’s appeal is based on the theory that there was no proof to support the award in that it was not shown that the appellees’ decedent was killed by an accident arising out of and…