American Mutual Liability Insurance v. Benford

The evidence demands the finding that the claimant was struck on the left side of his face and that the lick caused him to jerk his head as a result of which his right eye was injured by his striking it against the guide rail of the machine which he was operating. In the absence of any evidence showing wilfulness or malice on the part of the boy who threw the object, it will be presumed that it was thrown without malice and in a spirit of fun or “horseplay.” There is no evidence that the injured employee participated in the horseplay. This leads us squarely to the question whether an injury…