Smith v. Fentress Coal & Coke Co.
Fannie Smith sued Fentress Coal and Coke Company for workers' compensation following the death of her husband, Thurman Smith, who died of arsenic poisoning. Smith, a coal miner, became ill in the defendant's mine in March 1946 and died in November 1946. The petitioner argued his death was an accidental injury resulting from arsenic exposure from corroded copper wires in the mine. However, expert medical testimony refuted that the trace amounts of arsenic in the wires could cause poisoning, and a fellow worker who shared Smith's coffee also became violently ill. Both the trial court and the appellate court found the claim speculative, concluding that the death was not an accidental injury under the Workmen's Compensation Act, nor an occupational disease covered by the 1947 amendment. The trial court's decision to dismiss the petition was affirmed.