Chance v. Reliance Coal & Mining Co.

Citations

• 108 Kan. 121
• 193 P. 889
• 1920 Kan. LEXIS 569

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Accident in Coal Mine — Injury Arose in Course of Employment. A workman engaged in mining coal in a strip pit quit his ordinary work at the end of the day and with other employees rode upon an engine towards the other end of the pit with a view of ascending to the surface, as was the custom in the mine, and while on his way the engine on which he was rising collided with cars which had been insecurely placed upon a switch line, and he suffered an injury. Held, that the accident arose out of and in the course of his employment and that he is entitled to compensation for the injury under the provisions of the workmen’s compensation act.</p> <p>2. Same — Judgment — Error in Computation — Corrected and Modified Upon Appeal. An error in computation of the award made may be corrected and modified upon appeal without reversing the judgment.</p> <p>S. Same — Finding of Partial Permanent Disability — Sustained by Evidence. The fact that the injured’workman has performed some labor since he was injured is held under the evidence to be no ground for overthrowing the finding of the court that the injury had resulted in partial permanent disability.</p>