Johnson v. La Bolt Oil Co.

I agree that respondent was engaged in the -course of his employment at the time he suffered the injury involved' in this -case. I believe also that, according to the better view, the respondent in this case -suffered a personal injury “by accident” within the meaning of section) 9440, R. C. 1919, notwithstanding the fact that to hold that there was an injury by accident in this case is absolutely to depart from the pronouncement of this court in the case of Frank v. C., M. & St. P. Ry. Co. (1926) 49 S. D. 312, 207 N. W. 89.

The language of our Workmen’s 'Compensation Law providing for…