COAL OPERATORS CAS. CO. v. C. L. SMITH & SON COAL CO.


66 S.E.2d 521 (1951)

191 Va. 619

COAL OPERATORS CAS. CO. v. C. L. SMITH & SON COAL CO. et al.

Supreme Court of Appeals of Virginia.

September 5, 1951.


Attorney(s) appearing for the Case

Greear, Bowen, Mullins & Winston, Norton, for appellant.

Kiser, Vicars & Kiser, Wise, J. A. Runyon, Francis D. Burke and Kenneth A. Howe, all of Pikeville, Ky., for appellees.

Before EGGLESTON, SPRATLEY, BUCHANAN, MILLER and WHITTLE, JJ.


BUCHANAN, Justice.

The Industrial Commission held that the compensation insurance issued by the appellant, herein called the insurer, to C. L. Smith, herein sometimes called the employer, covered T. J. Harris, who was killed as the result of an accident arising out of and in the course of his employment by Smith as a coal miner. On this appeal the insurer denies liability, as it did before the Commission, on the grounds that after the issuance of the policy and before...

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