Thompson v. Wagner

The opinion of the court was delivered by

Parker, J.

Two points are made in this case — -the first, that the accident is not shown to have arisen out of and in the course of the employment; the second, that the employ nient on the undisputed facts was a casual one, and that the case was therefore not within the statute, paragraph 23 of the act. Pamph. L. 1911 (at p. 144), as amended Pamph. L. 1913 (at p. 312), and, again, amended in Pamph. L. 1919 (at pp. 211, 212).

Wo shall assume for present purposes that the accident arose out of and in the course of the employment, but nevertheless conclude…