Hardisty v. Woodward Iron Co.

That the death of the employee was “caused by an accident arising out of and in course of his employment” is a necessary condition to the right to compensation. When put in issue by answer, the burden of proof is on the plaintiff claiming compensation.

As appears from the foregoing statement of the case, the trial court gave a summary of the evidence on both sides relating to the controlling issue in the case, followed by his conclusion.

Appellant’s argument is directed largely to a discussion of the weight of the evidence. It misconceives the duty and function of the appellate court in this…