Fulmer v. Aetna Casualty & Surety Co.

This is the second appearance of this case in this court. When the case was here before, this court, in a divided opinion, held: “Under the evidence and the law applicable thereto, the claimant in this case failed to carry the burden of ultimately proving as a fact that her husband was killed by an accident arising out of and in the course of his employment. The only reasonable conclusion to be derived from the uncontradicted evidence is that Fulmer was killed in an airplane accident while piloting an airplane of his employer which he had authority to use at the time, if in compliance with…