Carter v. Penney Tire and Recapping Co.

Bussey, Justice:

This is an appeal by the employer-carrier in a Workmen’s Compensation case from an order of the circuit court affirming an award of compensation to the claimant Carter. The sole issue on appeal is whether claimant’s injury “arose out of” his employment, it being conceded that he was injured while in the course thereof. There is little, if any, dispute as to the facts or as to the inference reasonably deducible therefrom.

On January 29, 1969, Carter was shot with a pistol by one Franklin Crosby. At the time Carter had come home on leave from the U. S. Army and was at work as an…