Wiggins v. Industrial Accident Board
Montana Supreme Court
'Appeal from District Court, Big Horn County; Chas. A. Taylor, Judge. Proceeding under tbe Workmen’s Compensation Act by Kate L. Wiggins for compensation for the death of Herbert L. Wiggins, deceased. From a judgment in favor of the claimant after rejection of the claim, the board appeals.
Read the full summary
'Appeal from District Court, Big Horn County; Chas. A. Taylor, Judge. Proceeding under tbe Workmen’s Compensation Act by Kate L. Wiggins for compensation for the death of Herbert L. Wiggins, deceased. From a judgment in favor of the claimant after rejection of the claim, the board appeals. “Even though there be an accident which occurred ‘in the course of’ the employment, if it did not arise ‘out of the employment, ’ there can be no recovery; and even though there be an accident which arose ‘out of the employment,’ if it did not arise ‘in the course of the employment,’ there can be no…
1Opinion of the CourtJustice Holloway
On June 28', 1916, Herbert L. Wiggins, in the employ of Big Horn county, engaged in work upon the public roads, was killed by lightning. His dependent mother presented to the Industrial Accident Board a claim for compensation, but the claim was rejected, and this action resulted. The trial court rendered and entered judgment in favor of the claimant, and the board appealed.
Section 16 of the Workmen’s Compensation Act (Laws 1915, Chap. 96), provides that the industrial accident fund is liable for the payment of compensation to an employee, or in ease of his *342death to his dependents, for “injury…
2Cases cited5 opinions
- State ex rel. Peoples Coal & Ice Co. v. District CourtSupreme Court of Minnesota · 1915
- Lewis & Clark County v. Industrial Accident BoardMontana Supreme Court · 1916
- Hoenig v. Industrial CommissionWisconsin Supreme Court · 1915
- Klawinski v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1915
- Kansas City, Ft. S. & M. R. v. McDonaldCourt of Appeals for the Eighth Circuit · 1894
3Cited by39 opinions
- Nicholson v. Roundup Coal Mining Co.Montana Supreme Court · 1927
- Landeen v. Toole County Refining Co.Montana Supreme Court · 1929
- Wirta v. North Butte Mining Co.Montana Supreme Court · 1922
- Willis v. Pilot Butte Mining Co.Montana Supreme Court · 1920
- Matter of Madura v. . City of New YorkNew York Court of Appeals · 1924
34 more not listed; retrieve them via the Exa API.