People's Service Station, Inc. v. Purvis

WADDILL, Commissioner.

The parties to this appeal agree that the sole question presented is whether the death of J. T. Purvis arose out of his employment within the meaning of KRS 342.-005(1). The Workmen’s Compensation Board answered this question in the affirmative and awarded the dependents of Purvis benefits under KRS 342.070. The case is before us on appeal from the judgment of the Jefferson Circuit Court upholding the award of the Board.

Appellant operates a gasoline service station in Jefferson County which remains open for business during the night. Sometime during the night of August…