Enroughty v. Black Industries, Inc.

MALLARD, Chief Judge.

The decisive question presented on this appeal is whether the evidence is sufficient to support the finding of fact numbered ten that plaintiff was injured by accident arising out of and in the course of his employment. We hold that the evidence was sufficient to support this finding of fact, the conclusion of law that the plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant employer, and the award entered in this case.

“The basic rule is that the words ‘out of’ refer to the origin or cause of the accident, and…