Murphy v. I. C. U. Construction Co.

The opinion of the court was delivered by

Hoch, J.:

This is an appeal from an award under the workmen’s compensation act based upon the freezing of claimant’s fingers while helping to dig a ditch. The only question raised is whether the claimant suffered an “injury by accident arising out of and in the course of employment.” (G. S. 1935, 44-501.)

Lon Murphy, the claimant, was sixty-six years old. For several years he had worked as a janitor doing inside work, but had been unemployed for six months or more prior to the date of the injury. On January 24,1943, he was hired as a laborer by the I. C.…