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ACKERMAN v. CARDILLO

No. 8500.

140 F.2d 348 (1944)

ACKERMAN v. CARDILLO, Deputy Com'r, et al.

United States Court of Appeals District of Columbia.

Decided January 24, 1944.

Attorney(s) appearing for the Case

Mr. John U. Gardiner, of Washington, D. C., with whom Mr. Leonard Kaplan, of Washington, D. C., was on the brief, for appellant.

Mr. Arthur P. Drury, of Washington, D. C., with whom Messrs. Benjamin S. Minor, John M. Lynham and John E. Powell, all of Washington, D. C., were on the brief for appellee, Railway Express Agency, Inc.

Messrs. Edward M. Curran, United States Attorney, and Bernard J. Long, Assistant United States Attorney, both of Washington, D. C., were on the brief for appellee Cardillo.

Before GRONER, C. J., and MILLER and ARNOLD, JJ.

GRONER, C. J.

This is a compensation case brought under the District of Columbia Act of May 17, 1928.1 The Deputy Commissioner heard the evidence and rejected the claim. Application to the District Court for mandatory injunction was denied and the case is here on appeal.

The single question is whether appellant's injury arose out of and in the course of his employment.

The Deputy Commissioner found the facts to be that...

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