168 S.W.2d 39 | Ky. Ct. App. | 1943
Affirming.
Appellant is the widow of James Fuqua, an employee of the Department of Highways of the Commonwealth of Kentucky. The employer was operating under the Workmen's Compensation Act, KRS
We see no way to escape the conclusion that the judgment must be affirmed under the principles enunciated *785
in the case of Lexington Railway System et al. v. True,
"To be within the Compensation Act by virtue of this provision, the accident must be one arising out of his employment' and must have had its origin in some risk of the employment. There must be a causal relation between the employment and the accident. It is not enough that the injured person was at the place of the accident because of his employment unless the injury is the result of some risk peculiar to the employment. The injury must be incidental to the nature of the employment. If the injury occurred by reason of some cause having no relation to the employment, it cannot be said to 'arise out of the employment.' "
Many authorities from other states holding that death by lightning is compensable under Workmen's Compensation Acts are cited by counsel for appellant, but there is no necessity for discussing them, since the principles involved were fully considered in the recent case of Stout v. Elkhorn Coal Co. et al.,
Judgment affirmed. *786