James Irby v. Republic Creosoting Company

RIVES, Circuit Judge.

The sole question to be decided is whether or not. appellant’s injury was caused by “an accident arising out of * * * his employment,” 1 so as to be compensable under the Alabama Workmen’s Compensation Law. The facts are clearly stated by the district court in its Findings of Fact. 129 F.Supp. 92, 93,

“James Irby, plaintiff, on November 12, 1953, while employed by and working at the defendant’s place of business in Mobile, Alabama, suffered an epileptic seizure which caused him to fall from a three-foot platform, 2 where he was engaged in his work for the defendant; and in…