Daugherty v. Department of Labor & Industries

Tolman and Steinert, JJ.,

dissent.

Millard, C. J. (concurring in the result) — Plaintiff’s husband died at Ruby, Washington, September 10, 1934, while engaged in extrahazardous employment as a brakeman on a logging railroad. Plaintiff’s claim for pension was denied by the supervisor of the department of labor and industries, on the ground that the death of the claimant’s husband was not the result of an injury, as defined by the workmen’s compensation act. A hearing before the joint board on the claimant’s petition resulted in affirmance of the supervisor’s order of rejection. From that…