Sullivan Mining Co. v. Aschenbach

DIETRICH, Circuit Judge.

The sole question for decision is of the meaning of the term “accident” as it is used in the Workmen’s Compensation Law of Idaho (Idaho Compiled Statutes 1919, § 6213 et seq.). If under any reasonable view of the evidence the injury for which plaintiff below (appellee here) sued and recovered was not “accidental” within such statutory meaning, appellant concedes the judgment should be affirmed; otherwise it should be reversed and the action dismissed on the ground that the *2courts are without jurisdiction of the subject-matter.

Plaintiff’s injury was incurred while he…