Benson v. Missouri Pacific Railroad

Defendant railroad company appeals from a judgment of the Circuit Court of Jackson County at Kansas City, reversing an award of no compensation made by the Missouri Workmen's Compensation Commission and remanding the cause to the commission for further proceedings.

[1] Plaintiff's claim was for compensation for the death of her husband, caused by accidental injuries suffered in the course of and arising out of his employment by the defendant. The commission based its award of no compensation upon the ground that, at the time of the injury, the employee, Oliver T. Benson, was engaged in…