Roberson v. Powell

OPINION

MOISE, Justice.

We are here called upon to determine if claimant is entitled to prosecute this action seeking workmen’s compensation.

Claimant was employed as a laborer by defendant Powell, a house builder, on December 7, 1962, on which date a board broke and struck claimant on the right shoulder. The court found that the accident arose out of and in the course of employment and occurred in the presence of defendant’s foreman. At the time the board struck him, claimant stated it “just stung a little” and the next day he complained to the foreman that his shoulder “was kind of hurting…