Gwaltney v. General Motors Corp.

The defendant predicates error on the fact that the trial court did not direct a verdict in its favor, claiming there was no evidence that the decedent sustained any injury arising out of and in the course of his employment, and no evidence that any such injury was the proximate cause of his death.

This court has very definitely held that the right to receive benefits under tbe Workmen’s Compensation Act is dependent upon proof that an injury was sustained by tbe employee in tbe course of Ms employment and that it arose out of such employment. It must also appear that the injury was physical…