1937   Present: Soertsz J.

In re AN APPLICATION UNDER SECTION 39 OF THE
WORKMEN'S COMPENSATION ORDINANCE

ELONONA v. FERNANDO.

Workmen's Compensation Ordinance-Workmen injured while unloading machinery-Engaged previously in demolishing building-Not entitled to compensation-Ordinance No. 19 of 1934, s. 39.

A workman, who was injured while he was engaged in loading into a cart some dismantled machinery, which was being removed from an old building, which he was employed in demolishing the day previous to the accident, is not entitled to compensation under the Workmen's Compensation Ordinance.

CASE submitted for the decision of the Supreme Court under section 39 of the Workmen's Compensation Ordinance, No. 19 of 1934.

J. E. M. Obeyasekera, C.C. (Amicus curiae).

Cur. adv. vult.

March 10, 1937. SOERTSZ J.-

This is a matter submitted for the decision of this Court by the Commissioner for Workmen's Compensation under section 39 of Ordinance No. 19 of 1934.

The question is whether the deceased who was injured while he was engaged in loading some dismantled machinery into a cart on April 8, 1936, and who died in consequence of that injury on