Johnson v. RANGE BLACKTOP COMPANY

Sheran, Justice.

Certiorari to review a decision of the Industrial Commission.

On July 13, 1963, at about 2 a. m. Norman Johnson was killed when a car apparently operated by him in a northerly direction on State Highway No. 33 from Cloquet, Minnesota, left the road at the intersection of State Highways No. 33 and No. 53. The Industrial Commission rejected a petition for benefits under the Workmen’s Compensation Act, finding that the accident did not arise out of and during the course of the decedent’s employment by Range Blacktop Company, Inc.

Our conclusion that the evidence does not require a…