Lord v. Daugherty

Appellant asserts three propositions of law:

1. “Where an employee suffers an accidental death as a direct result of operating a piece of equipment owned by his employer, which he was hired to operate, whether he is within the scope of his employment is a question of fact and it is error *443for the trial court to direct a verdict in favor of the defendants as a matter of law.”

2. "It will be presumed that an employee who is shown to have been engaged in his employment a short time before his death continued in such employment up to the time of his death in the absence of evidence to the contrary.”

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