Herndon v. Morgan Mills, Inc.

Moss, Justice.

This case arose under the South Carolina Workmen’s Compensation Act, Section 72-1 et seq., Code of 1962. There is here involved an appeal from an order of the Circuit Court reversing an award of the Industrial Commission in favor of the dependent widow and children, the appellants herein, on account of the death of Jack M. Herndon, alleged to have resulted from an accident arising out of and in the course of his employment.

The record shows that Jack M. Herndon had been in the employ of Morgan Mills, Inc., since 1939 as a mechanic. On October 3, 1962, a fellow employee was…