Tom Joyce 7 Up Company v. Layman

Bedwell, J. —

In this cause a majority of the full Industrial Board awarded appellee compensation. The sole question' presented on appeal is whether there is any evidence that the injury of appellee, for which he was awarded compensation, was, “by accident arising out of and in the course of the employment.”

The facts were in the main without dispute. They disclosed the following: Appellant is engaged in making a soft drink known as “7 Up.” On September 26, 1941, the appellee was employed by appellant at its bottling plant at Evansville, Indiana; as a driver-salesman. As such his duties…