Johnson v. Merchant's Fertilizer Co.

The' opinion of the Court was. delivered by

Mr. Associate Justice Fishburne.

This claim for .compensation under the Workmen’s Compensation Act, Act July 17, 1935, 39‘ St. at Large, page 1231, arose out of the death of Willis Johnson, an employee of Merchants Fertilizer Company; he was killed in the company’s fertilizer factory near Charleston on March 11, 1940. Liberty Mutual Insurance Company was the insurance car rier under the terms of the Act. The employer and the carrier denied liability upon the ground that Johnson’s death did not arise “out of and in the course of the employment.” It is…