Burns v. Edison

The opinion of the court ivas delivered by

Parker, J.

The principal difficulty in this case arises out of the fact that though the petition for compensation counted on a fatal accident alleged to have arisen out of and in the course of the employment of petitioner’s husband, the proof ivas confined to an alleged agreement for compensation between petitioner and one Henderson, conceded to have been the authorized agent of the employer, prosecutor. Prosecutor’s counsel on the hearing undertook to show by testimony *289that death had not occurred by reason of any such accident as claimed, but by…