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COLWELL v. MOSLEY

309 S.W.2d 350 (1958)

David COLWELL et al., DBA., Liberty Coal Company et al., Appellants, v. Rachel MOSLEY, Individually and as Guardian for Gwendlyn Faye Holliday et al., Appellees.

Court of Appeals of Kentucky.

January 24, 1958.

Attorney(s) appearing for the Case

Alva A. Hollon, Hazard, for appellant.

A. E. Cornett, Robert Muncy, Hyden, for appellee.

WADDILL, Commissioner.

The appeal is from a judgment of the Leslie Circuit Court remanding the case to the Workmen's Compensation Board with directions to set aside the order denying compensation benefits and to enter an award in favor of the claimants. The sole question presented to this Court is whether or not the fatal injury sustained by Carl Mosley arose out of and in the course of his employment. KRS 342.005(1). Since the facts are not in dispute the question...

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