Brister v. Great American Insurance

CULPEPPER, Judge.

This is a workmen’s compensation suit. After a trial on the merits the district judge found that plaintiff had failed to prove the occurrence of an accident arising out of and in the course of his employment. From a judgment dismissing his suit, plaintiff appeals.

Plaintiff contends that on Tuesday, February 5, 1963, he was working alone as a laborer for the city of Leesville, repairing streets with “pre-mix” asphalt. He says he was climbing into a dump truck when his foot slipped off the rear tire and he fell to the ground suffering injuries to his right leg, right hip and a…