Employers Mutual Liability Insurance v. Carlan

Eelton, Chief Judge.

The question for decision before us is whether or not the claimant employee’s accident arose out of and in the course of his employment. Plaintiff in error contends that when the defendant in error left his immediate working area and went to use the pay telephone he was no longer within the course of his employment, and that the accidental injury which he suffered was not such an “injury by accident arising out of and in the course of the employment” as would bring it with in the purview of the Workmen’s Compensation Act. In General Accident Fire &c. Corp. v. Worley, 86…