Giles v. W. E. Beverage Corp.

The opinion of the court was delivered by

Perskie. J.

This is a workmen’s compensation case. R. S. 34:15-7, et seq. Ooncededly, the fatal shooting of David H. Giles, employed by prosecutor, was, in the, circumstances of this ease, the result of an “"accident” within the meaning of our Workmen’s Compensation Act, supra, which arose “in the course of his employment.” The question for decision is whether respondents carried their burden of establishing, by a “preponderance of (the) probabilities according to the experience of mankind,” that the “accident” was one which also arose “out of” the…