Guillory v. American Fire & Casualty Co.

CULPEPPER, Judge.

This is a workmen’s compensation suit. From an adverse judgment the defendant insurer appeals.

The sole issue on appeal is whether plaintiff sustained a compensable accident.

Plaintiff was working as a roustabout for Central Excavation Company, which is engaged in the business of cleaning rights of way, building board roads, doing excavation work, etc. On October 5th and 6th, 1964, plaintiff and a co-employe, William Winn, were assigned to clean briars, bushes and small trees along a railroad track. They used axes and briar hooks.

Although he does not know the exact movement…