Neal v. Boeing Airplane Co.

The opinion of the court was delivered by

Hoch, J.:

The question presented by this appeal is whether an injury to an employee suffered as a result of a sportive act or “horseplay” in which he was indulging, is compensable under the. workmen’s compensation act. • The commissioner and the district court upon appeal denied compensation on the ground that the injury did not arise out of the employment. The claimant appeals.'

We are not here dealing with any question of controverted fact. At the hearing before the commissioner there was some conflict *323of testimony as to the circumstances under which…