Mixon v. Kalman

The opinion of the court was delivered by

Heher, J.

This is a proceeding under the Workmen’s Compensation Act. R. S. 34:15-7, et seq. On July 29th, 1942, the workman was instantly killed by a bolt of lightning-while in the course of his employment; and the question is whether, on the facts as found by the Supreme Court, the accident arose out of the employment within the purview of the statute. If it be resolved in the affirmative, there was error in matter of law in the Supreme Court’s reversal of the judgment in favor of the deceased servant’s dependents.

Defendant was then in the…