Miller v. Indemnity Insurance Co. of North America

GLADNEY, Judge.

The appeal in this case was lodged by the workmen’s compensation insurer of E. B. Murphy, the employer of plaintiff, Dan W. Miller, appellant being aggrieved by a judgment of the district court awarding workmen’s compensation for a period not to exceed four hundred weeks at the rate of Thirty-One and 20/100 ($31.20) Dollars per week, together with medical expenses. The principal issue tendered for our consideration is whether Miller’s injuries arose out of and in the course and scope of his employment.

Plaintiff was injured November 17, 1958, in an automobile accident while…