Kemling v. Armour & Co.

Thomas Gallagher, Justice.

Certiorari upon the relation of Armour & Company, employer, to review the decision of the industrial commission awarding petitioner, Caroline Kemling, as widow of Herman Kemling, compensation for his death. The referee’s findings, which were affirmed by the industrial commission, determined that on April 23, 1945, decedent, while employed by relator as a laborer, sustained an accidental injury arising out of and in the course of his employment which resulted in his death.

Relator contends that the death of Herman Kemling was not caused by an accident as defined by the…