Eliker v. D. H. Merritt & Sons

Plaintiff, Adam Charley Eliker, filed this action in the Workmen’s Compensation Court to recover benefits for an alleged injury arising out of and in the course of his employment. An order of dismissal was entered by a single judge of that court. On rehearing, the court en banc entered an award for the plaintiff, including a finding of a 12.5 percent permanent partial disability of the body as a whole. On appeal to the District Court for Lancaster County, the award was affirmed. We reverse and dismiss.

The issue involved is whether there was an injury in the course of and arising out of the…