172 A. 350 | Pa. Super. Ct. | 1934
Argued December 12, 1934. Claimant's husband, who was employed by the defendant coal company to run a motor in its Midvale Colliery, died of pneumonia on February 4, 1932. The mine was a damp one and there was water running in and dripping from the chutes all the time.
It was shown that on January 26, 1932, he became wet from water running from the chutes and got a chill about two o'clock in the afternoon, which necessitated his quitting work and going home. Pneumonia developed and his death, as above stated, followed.
The referee and the Workmen's Compensation *534
Board awarded the claimant compensation. The defendant appealed on the ground that the death was not accidental. It is only fair to state that the order of the board was filed before the Supreme Court handed down its decision in Lacey v. Washburn Williams Co.,
The court below, following that case and our decisions in Micale v. Light,
We think the facts in evidence bring the case squarely within our decisions in Micale v. Light, supra, Gibson v. Kuhn, supra, and Waleski v. Susquehanna Collieries Co.,
The judgment is affirmed.
