Chicago, Indianapolis & Louisville Railway Co. v. Clendennin

Appellee was employed by appellant as car inspector, and while in the performance of his duty in the inspection of a car at the Hoadley Stone Mill, an employee of the mill, in a spirit of sport, and to scare appellee, threw a stone upon the car. The stone rolled off and struck and injured appellee. The throwing of the stone was without warning to the appellee, and no such act of sport had previously been indulged in by any employee of the stone mill or by appellee.

From an award of compensation to appellee, this appeal is prosecuted.

The one question presented is, whether, under the facts above…