Richards v. Industrial Commission

An arbitrator for the Industrial Commission found that the death of James S. Smith was due to an accident which arose out of and in the course of his employment, and awarded benefits to his widow and minor child. This award was affirmed by the Industrial Commission and the circuit court of Marion County. The employer appeals, contending that the accidental injury and resulting death did not arise out of and in the course of Smith’s employment.

The employer, Frank Richards, d/b/a Richards’ Tank Truck Service, was engaged in the business of cleaning oil storage tanks for oil well owners. On…