Mary L. Collins, Widow of Levy Collins, Deceased v. Central Foundry Company

RIVES, Circuit Judge.

This action was under the Alabama Workmen’s Compensation Law. 1 The sole issue before the district court was whether Levy Collins, plaintiff’s intestate, died as a result of an accident arising out of and in the course of his employment. The district court concluded:

“That the plaintiff has not sustained the burden of proof establish ing that the employee’s death proximately resulted from an accident arising out of and in the course of his employment and is, therefore, not entitled to recover herein.”

On July 26, 1956, the employee Levy Collins, a man about 49 years old,…