Edwards v. State Comp. Comm'r., (No. 7381)

CourtSupreme Court of West Virginia
Writing for the CourtWOODS, J.
Citation112 W.Va. 504
PartiesHosea Edwards v. State Compensation Commissioner et al.
Decision Date13 September 1932
Docket Number(No. 7381)

112 W.Va. 504

Hosea Edwards
v.
State Compensation Commissioner et al.

(No. 7381)

Supreme Court of Appeals of West Virginia.

Submitted September 7, 1932.
Decided September 13, 1932


[112 W.Va. 504]

Master and Servant

"A finding of fact by the State Compensation Commissioner based on substantial evidence, not at variance with a clear preponderance of the whole evidence, will not be disturbed on appeal." Lacy v. Commissioner, 106 W. Va. 555, 146 S. E. 375.

Proceedings by Hosea Edwards, claimant, under the Workmen's Compensation Act. From a ruling of the State Compensation Commissioner denying compensation, the claimant appeals.

Affirmed.

[112 W.Va. 505]

England & Ritchie, for appellant.

II. B. Lee, Attorney General, R. Dennis Steed, Assistant Attorney General, for respondents.

Woods, Judge:

Claimant, who lost the sight of both eyes while working in a coal mine, was refused compensation on the ground that the injury was due to his own wilful misconduct.

According to his testimony, claimant, on October 21, 1931, was preparing to shoot down coal and while tamping the powder back in the hole, it exploded in his face. The employer, however, after investigation, advanced the theory that the accident was due to the use of a short fuse, basing the same upon the condition of the working place after the accident and the discovery of three pieces of fuse in the vicinity thereof. It appears from the evidence that an eight-inch piece of fuse was found in a pair of claimant's trousers, which he, upon going to work, had placed with his dinner pail, powder bag, etc., some fifty feet from the face of the coal and around the corner from where he was working; a coil of fuse approximately five feet in length, under a rock near the dinner pail; and a six-inch piece of burnt fuse, about fifteen feet away from the place of the shot and in the string of slack thrown out by the explosion. While claimant admitted having the first two pieces of fuse in his possession, he denies knowledge of the third, stating that it must have been left there by men shooting slate and rock. He explained that the fuse in his trouser's pocket had been there since the 9th or 10th of the month; that he forgot to return it to the contractor (Hughes) for whom he was working at that time; and that he did not wear...

To continue reading

Request your trial
4 practice notes
  • Geeslin v. Workmen's Compensation Com'r, No. 15287
    • United States
    • Supreme Court of West Virginia
    • July 2, 1982
    ...804 (1941); Young v. State Compensation Commissioner, 123 W.Va. 299, 14 S.E.2d 774 (1941); Edwards v. State Compensation Commissioner, 112 W.Va. 504, 165 S.E. 669 (1932); Venilli v. State Compensation Commissioner, 107 W.Va. 544, 149 S.E. 612 4 The rule is enunciated in Syllabus Point 8 of ......
  • Billings v. State Comp. Comm'r, No. 9207.
    • United States
    • Supreme Court of West Virginia
    • September 30, 1941
    ...W.Va. 425, 162 S.E. 665; Carbon Fuel Co. v. State Compensation Com'r, 112 W.Va. 203, 164 S.E. 27; Edwards v. State Compensation Com'r, 112 W.Va. 504, 165 S.E. 669; Young v. State Compensation Com'r, supra. We think that claimant's conduct in leaving his motor unattended while it was running......
  • Billings v. State Comp. Comm'r., (No. 9207)
    • United States
    • Supreme Court of West Virginia
    • September 30, 1941
    ...Va. 425, 162 S. E. 665; Carbon Fuel Co. v. State Compensation Com'r., 112 W. Va. 203, 164 S. E. 27; Edwards v. State Compensation Com'r., 112 W. Va. 504, 165 S. E. 669; Young v. Compensation Com'r., supra. We think that claimant's conduct in leaving his motor unattended while it was running......
  • Davis v. State Comp. Comm'r, ( No. 7592)
    • United States
    • Supreme Court of West Virginia
    • April 18, 1933
    ...as we see it, is purely one of fact for the commissioner, and one which, under the facts, will not be disturbed. Edwards v. Commissioner, 112 W. Va. 504, 165 S. E. 669; Watkins v. Commissioner, 109 W. Va. 409, 157 S. E. 89; Stepp v. Commissioner, 108 W. Va. 422, 151 S. E. 318; Martin v. Com......
4 cases
  • Geeslin v. Workmen's Compensation Com'r, No. 15287
    • United States
    • Supreme Court of West Virginia
    • July 2, 1982
    ...804 (1941); Young v. State Compensation Commissioner, 123 W.Va. 299, 14 S.E.2d 774 (1941); Edwards v. State Compensation Commissioner, 112 W.Va. 504, 165 S.E. 669 (1932); Venilli v. State Compensation Commissioner, 107 W.Va. 544, 149 S.E. 612 4 The rule is enunciated in Syllabus Point 8 of ......
  • Billings v. State Comp. Comm'r, No. 9207.
    • United States
    • Supreme Court of West Virginia
    • September 30, 1941
    ...W.Va. 425, 162 S.E. 665; Carbon Fuel Co. v. State Compensation Com'r, 112 W.Va. 203, 164 S.E. 27; Edwards v. State Compensation Com'r, 112 W.Va. 504, 165 S.E. 669; Young v. State Compensation Com'r, supra. We think that claimant's conduct in leaving his motor unattended while it was running......
  • Billings v. State Comp. Comm'r., (No. 9207)
    • United States
    • Supreme Court of West Virginia
    • September 30, 1941
    ...Va. 425, 162 S. E. 665; Carbon Fuel Co. v. State Compensation Com'r., 112 W. Va. 203, 164 S. E. 27; Edwards v. State Compensation Com'r., 112 W. Va. 504, 165 S. E. 669; Young v. Compensation Com'r., supra. We think that claimant's conduct in leaving his motor unattended while it was running......
  • Davis v. State Comp. Comm'r, ( No. 7592)
    • United States
    • Supreme Court of West Virginia
    • April 18, 1933
    ...as we see it, is purely one of fact for the commissioner, and one which, under the facts, will not be disturbed. Edwards v. Commissioner, 112 W. Va. 504, 165 S. E. 669; Watkins v. Commissioner, 109 W. Va. 409, 157 S. E. 89; Stepp v. Commissioner, 108 W. Va. 422, 151 S. E. 318; Martin v. Com......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT