Ensley Ex Rel. Ensley v. Grace

OPINION

MOISE, Justice.

This is an appeal from a judgment entered at the conclusion of plaintiff’s case, denying workmen’s compensation to which appellant claims to be entitled by reason of the death of Thelma L. Ensley allegedly arising out of and in the course of her employment. The appellant is the thirteen-year-old daughter of decedent.

There is no real dispute as to the facts. When killed, Thelma L. Ensley was employed by W. R. Grace 'and Company as a bookkeeper. One Ike Rodgers was employed by the same company as manager of its Las Cruces store. Although Mrs. Ensley generally returned home…