Swartz v. Hess, Inc.

C. Thomas White, District Judge.

This is an appeal from the judgment of the district court finding that Edgar Swartz, hereinafter referred to as decedent, sustained an accident arising out of and in the course of his employment with the defendant Hess, Inc., and awarding compensation to his widow. The Workman’s Compensation Court had found that the plaintiff had not met the burden of proof that the decedent’s death was caused by accident and injuries resulting from his employment, and dismissed the action.

The facts are not in controversy. Decedent died on February 18, 1969. At the date of his…