Birnie v. UNITED STATES GYPSUM COMPANY

MR. JUSTICE BOTTOMLY:

This is an action under the Workmen’s Compensation Act, R.C.M. 1947, section 92-101 et seq.

There is no question but that the plaintiff, John Birnie, was injured in an accident arising out of and in the course of his employment by the United States Gypsum Company, in its plant at Heath, Montana, on December 30, 1954.

At the time of the accident Birnie was of the age of 70 years, married, his wife being his only dependent.

The United States Gypsum Company, a corporation, plaintiff’s employer, was enrolled under Plan No. 1 of the Workmen’s Compensation Act of the State of…