Geary v. Anaconda Copper Mining Co.

Plaintiff ivas awarded compensation against defendant by the industrial accident board. Defendant appealed to the district court where the action of the board was upheld. This appeal followed.

The only question presented by the appeal is whether plaintiff’s injury arose out of and in the course of his employment with defendant.

Plaintiff was injured on the 24th day of August 1944. He was then employed by defendant as a truck driver at the Washoe Smelter at Anaconda. During the lunch period he and other employees of defendant engaged in playing handball in a garage building owned by defendant…