Eslinger v. F & B Frontier Construction Co.

OPINION

FONES, Justice.

Defendant, employer, appeals from a decree awarding death benefits under the workers’ compensation act to the widow and minor child of its employee, who was killed when the company truck he was driving struck a utility pole.

The trial judge found that the fatal accident arose out of and in the course of the employment. Defendant says the issues on appeal are (1) that there is no material evidence to support the finding that employee was on a company errand when the accident occurred, and (2) that the fact that the employee was driving a company owned vehicle does not…