Hoops v. Phœnix Utilities Co.

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an award and judgment in favor of the employee in a case arising under the workmen’s compensation act. Appellant contends, first, that the accident causing the injury did not occur “on, in or about” the work of the employer as that term is used in R. S. 44-505; and second, that the compensation allowed is excessive.

The Phoenix Utilities Company had a contract for constructing a railroad spur track about four miles long from a point on the Frisco right of way one-half mile from Straus, Kan., south to Service. Ties used…