Stewart v. Johnson

HENLEY, Judge.

This is an appeal by the Treasurer of the State of Missouri, custodian of the second injury fund and as such a party defendant, from a judgment of the Circuit Court of Lawrence County sustaining a workmen’s compensation award of The Industrial Commission of Missouri.

This court has jurisdiction for the reason that a state officer as such is a party. Article V, § 3, Constitution of Missouri, V.A.M.S.; Section 287.220, subsection 2; 1 Grant v. Neal et al., Mo., 381 S.W.2d 838, 840 [3].

The preliminary facts, such as whether there was an accident and whether the accident arose out of…