Bevard v. Skidmore-Patterson Coal Co.

Citations

• 101 Kan. 207
• 165 P. 657
• 1917 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Compensation Act — On, In or About a Coal Mine — Injured Workman Not Within Provisions of Act. The defendant operates two open-pit coal mines, known as the east mine and the west mine, which are about a quarter of a mile apart. They are separated by an • interurban railway, which passes within about thirty yards of the west mine. A workman in the east mine was ordered by his foreman to go on a necessary errand to the west mine. When crossing the railway track the workman was struck by a car, and sustained injuries which proved fatal. In an action for compensation under the workmen’s compensation act, the petition, which was otherwise sufficient, presented the foregoing facts. Held, a demurrer to the petition was rightfully sustained, because the accident did not occur on or in or about a mine, within the meaning of section 6 of the act (Gen. Stat. 1915, § 5900).</p>