Harkness v. Olcott-Stone Motors

O’NIELL, Chief Justice.

This is a suit for compensation under the Employers’ Liability Act, Act No. 20 of 1914, The defendant, employer, pleaded that the plaintiff was not performing services arising out of ot; incidental to his employment at the time of the accident in which he was injured, and, in the alternative, that the injury was caused by the plaintiff’s being intoxicated at the time of the injury. After hearing the case on its merits the judge of the district court rejected the plaintiff’s demand, on the ground solely' that he was not performing services arising out of or incidental to…