Fields v. Tompkins-Johnston Plumbing Co.

Stacy, O. J.

The question for decision is whether the record permits the inference that the death of Fields resulted from an injury by accident which arose out of and in the course of his employment. An affirmative answer would uphold the judgment below; a negative response would reverse it.

The rule generally recognized is, that where the employment subjects a workman to a special or particular hazard from the elements, such as excessive beat or cold, likely to produce sunstroke or freezing, death or disability resulting from suck cause usually comes within the purview of the compensation…