Schultz v. Chevrolet Motor Co.

Plaintiff and another employee of defendant company were engaged in unloading “pedal bundles” from a truck. Plaintiff tossed a bundle and it struck his fellow employee. The fellow employee was angered thereby, seized a stake, and struck plaintiff, fracturing his skull. Defendant reported the accident but disclaimed that it arose out of the employment. This is an appeal by defendant from an award of compensation to plaintiff, and presents the question of whether the accident arose out of the employment. It is conceded that the accident arose in the course of the employment.

Defendant cites…