Shubert v. Fidelity & Casualty Co. of New York

BELL, Chief Justice.

This is an appeal from an instructed verdict in a Workmen’s Compensation case. Appellant filed for compensation benefits as a result of injuries allegedly sustained in the course and scope of his employment. The Industrial Accident Board denied his claim and an appeal was taken to the District Court. After the presentation of the evidence and the arguments, the case was submitted to the jury. Special Issue No. 3 inquired whether the injury was sustained in the course of employment with plaintiff’s [Shubert’s] employer. After deliberating for some considerable time the…