Blocton Cahaba Coal Co. v. Campbell

All other essential facts to a recovery not being questioned, the one and only issue for this court to decide is whether or not the deceased, when he received the injuries resulting in death, was acting within the line or scope of his employment. As stated in brief of counsel for the defendant, “Was the accident, whereby the deceased was killed, an accident arising out of and in the course of his employment?”

The intestate was employed to dig coal in a certain room and had caused an explosion to loosen the same, retiring before the explosion, but as soon as it was over returned to the room,…