PEANUT CITY IRON AND METAL CO. v. JENKINS


150 S.E.2d 120 (1966)

207 Va. 399

PEANUT CITY IRON AND METAL CO., Inc. and Bituminous Casualty Corporation v. Willie JENKINS.

Supreme Court of Appeals of Virginia.

September 9, 1966.


Attorney(s) appearing for the Case

William E. Baggs, Norfolk (Breeden, Howard & MacMillan, Norfolk, on brief), for appellants.

William F. Davis, Suffolk (M. Anderson Maxey, Suffolk, on brief), for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.


SNEAD, Justice.

Under the Workmen's Compensation Act the Industrial Commission made an award to Willie Jenkins, claimant, for injuries he sustained "arising out of and in the course of his employment" with Peanut City Iron and Metal Co., Inc. The company and its insurer, Bituminous Casualty Corporation, appellants, defended the claim on the ground that Jenkins had been guilty of "wilful misconduct" (Code, § 65-35)1 by violating a...

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