Liberty Mutual Insurance Co. v. Hopkins

HIGHTOWER, Chief Justice.

This is a workmen’s compensation case in which plaintiff, E. B. Hopkins, recovered benefits for total and permanent incapacity in trial before a jury. The primary question before us is whether or not plaintiff’s injury was sustained in the course and scope of his employment.

Plaintiff was an employee of Kirby Lumber Corporation. During working hours, about 9:15 on the morning of Wednesday, August 5, 1964, plaintiff proceeded to get a drink of water from a drinking fountain maintained by Kirby Lumber Corporation, when he was struck and beaten by his fellow employee,…