McDonnell v. Swift & Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action by the widow and sole dependent of a deceased workman under the workmen’s compensation act. ' Plaintiff recovered, and defendant has appealed. The principal question argued is whether the injury which caused the death of the workman arose out of and in the course of his employment.

The evidence tends to show that the workman, John Byron McDonnell, was employed by defendant as an assistant yardmaster at its meat-packing plant. His duties were to transmit instructions coming into the yardmaster’s office from the various…