Barker v. Shell Petroleum Corp.

The opinion of the court was delivered by

Hutchison, J.:

This is an action under the workmen’s compensation law involving the question of whether the workman sustained an injury by accident arising out of and in the course of his employment. Findings and an award were made by the compensation commissioner in favor of the workman and were approved on appeal to the district court, from which judgment the respondents, the ■employer and the insurance carrier appeal.

On the hearing before the examiner it was stipulated that the relation of employer and employee existed at the time of the alleged…