Pierce v. Boyer-Van Kuran Lumber & Coal Co.

While the plaintiff was in the employ of the defendant, another employee of the defendant threw a small stick, which struck the plaintiff in the eye. The plaintiff brought this action in the district court for Douglas county to recover compensation nnder the employers’ liability act. The trial conrt found in plaintiff’s favor, and defendant has appealed.

The defendant presents two questions for consideration, and contends: First, that the findings of the court that the accident arose out of plaintiff’s employment is not ¡supported by the evidence; second, that the court erred in finding that…