McCarthy v. City of Murdo

Plaintiff brought this proceeding to recover compensation under the Workmen’s Compensation Law, SDC, Title 64, 64.0101 et seq. The industrial commissioner made an award in favor of plaintiff and appeal was taken to the circuit court where this award was affirmed. Defendants have appealed.

Respondent contends that the material facts are in dispute. We cannot concur in this view. The facts we state seem to us to be uncontroverted. Prank M. McCarthy was engaged in the plumbing and heating business; his place of business was in Mitchell. The city of Murdo during the year 1938 was engaged in…