Whitehurst v. Rainbo Baking Company

COMPTON, Chief Justice.

This is a workmen’s compensation action. Claimant appeals from a judgment denying compensation for injuries suffered by him as the result of an accident in Clovis allegedly arising out of and in the course of his employment.

The issue to be decided on this appeal is whether an injury sustained by an employee while taking a coffee break off of the employer’s premises during his working hours is an injury arising out of and in the course of the employment under the so-called personal comfort doctrine.

Appellant was employed as a mechanic by appellee-employer. His regular…