Mullins v. Tanksleary

WELCH, Justice.

Under review in this proceeding is the trial tribunal’s decision finding claimant’s injury from an assault by a third person to have arisen out of his employment.

The material facts are not in serious dispute. Claimant, a laborer, 45 years of age, was engaged by the employer on September 22, 1961, to assist in unloading sheet-rock from a railroad car and in delivering it to the Chouteau Lumber Company. While on the premises of the Chouteau Lumber Company, bringing in a second truck load of sheetrock, claimant encountered an employee of that company, one Dan Chupp, who was…