Southland Corp. v. Hester

George Rose Smith, Justice.

This is a claim for death benefits under the workmen’s compensation law. The pivotal question is whether the employee’s death, assuming it to have been accidental rather than self-inflicted, arose “out of” his employment. The commission’s two-to-one decision allowing the claim wras affirmed by the circuit court.

The facts, stated most favorably to the appellees, are these: Buford Hester, the decedent, was employed by Southland Corporation, which was a distributor of milk and milk products. The record does not tell us much about Hester’s duties as an employee, except…