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H. SMITH COAL CO. v. MARSHALL

243 S.W.2d 40 (1951)

H. SMITH COAL CO. et al. v. MARSHALL et al.

Court of Appeals of Kentucky.

October 26, 1951.

Attorney(s) appearing for the Case

Craft & Stanfill, Hazard, for appellants.

Napier & Napier, Hazard, for appellees.

SIMS, Justice.

Andy Marshall, a coal miner, met his death on Oct. 4, 1948, while at work in the mine of his employer, H. Smith Coal Company. The referee of the Workmen's Compensation Board, hereinafter referred to as the Board, denied compensation to his widow, Luna Marshall, and his infant dependent daughter, Lucille, upon the ground that the proof showed the husband and father died from a heart attack and not from breathing "bad air" in the mine as they claimed...

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