Jellico Coal Mining Co. v. Chatfield

Opinion of the Court by

Judge McCandless

Reverssiug.

The workmen’s compensation hoard made an award in favor of appellee against appellant. The latter filed a *843petition in the Whitley circuit court seeking a review. A demurrer was sustained to that pleading, and upon its declining to further plead its action was dismissed and it has appealed.

As set out in the petition the board’s epitome of its rulings were as follows:

“Sim Chatfield was injured March 23, 1921, while in the employ of the Jellico Coal Mining Company. The accident arose out of and in the course of his employment. Plaintiff’s average…