Legal Opinion

Willis v. State Industrial Commission

Supreme Court of Oklahoma

Decided March 30, 1920No. 10816Published

Higgins, Pitchford, and Bailey, JJ., dissenting. Action to review decision of State Industrial Commission refusing compensation for personal injuries to Lon Willis.

1Dissent 1

Dissenting Opinion Filed April 20, 1920.

2Dissent · HigginsHiggins, J.

I dissent from the opinion of the majority in the application of the law to the facts in this case. I do not question but that the injury in the instant case to the employe was in the course of his employment, but I do not believe from the facts and circumstances of the ease that it arises out of his employment. As to an injury to an employe arising out of his employment, Honnold, at section 115, states as follows:

“The use of the words ‘arising, out of,’ or words of similar import, makes it a condition precedent to the right to recover compensation that…

3Cases cited8 opinions

  1. Coronado Beach Co. v. PillsburyCalifornia Supreme Court · 1916
  2. Hulley v. MoosbruggerSupreme Court of New Jersey · 1915
  3. Claim of De Filippis v. FalkenbergAppellate Division of the Supreme Court of the State of New York · 1915
  4. White v. Kansas City Stock Yards Co.Supreme Court of Kansas · 1919
  5. Fishering v. PillsburyCalifornia Supreme Court · 1916

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