Kirker v. W. M. McIntosh Co.

Opinion by

Baldrige, J.,

The appeal in this compensation case is from a judgment entered on the award granted to the widow of Charles W. Kirker, who was killed as a result of overturning of defendant’s truck which he was driving. None of the facts are in dispute. -The only question before us is: Was the deceased in the course of his employment at the time of the fatal accident?

Kirker for a number of years was employed by defendant as a driver of a heater truck, equipped with a large water tank and a kerosene burner, used to heat cold road surfacing material in railroad tank cars. He lived in…