Whaley v. Patent Button Co.

This case was brought under the Workmen’s Compensation Act, Code 1932, sec. 6851 et seq., and the Chancellor made an award for total, permanent disability. On this appeal, it is insisted that while the injury was received “in the course of the employment,” that it did not ‘ ‘ arise out of the employment. ’ ’

The salient facts are these: The 'Patent Button Company operates a button factory in Knoxville, Tennessee. An ex-soldier, named Walter Roach, had undertaken to secure employment there by operating’a button molding, machine. He showed himself either unfit for the operation of the machine or…