Studdard v. Phoenix Indemnity Co.

There are two questions presented for adjudication: (1) Was the deceased an employee of the defendant within the meaning of the Workmen’s Compensation Act at the time he met his death? (2) Did deceased’s death occur as the result of an injury arising out of and in the course of his employment?

The defendant contends that the board was authorized to disregard the testimony of the witnesses, Potts and Hornsby, and accept their written statements as true because of the contradiction by the witnesses on the hearing as to the nature of the flight, whether it was for training purposes in addition to…