Rolling v. Jeddo-Highland Coal Co.

Dissenting Opinion by

Keller, P. J. :

Judge Rhodes and I dissent, and are of the opinion that the judgment should have been reversed and the award of the board sustained.

In our view this case is distinguished from the Shoffier case, on which the majority opinion relies, by reason of the fact that in that case the employee brakeman at the time of the injury was not merely riding on the engine but

attempting to operate it.

It was this latter fact that took him out of his employment.