CLARK v. RETIREMENT BOARD OF STATE EMPLOYEES' RETIREMENT SYSTEM

No. 32412.

43 Wn.2d 90 (1953)

260 P.2d 348

KEITH R. CLARK, Respondent, v. THE RETIREMENT BOARD OF THE STATE EMPLOYEES' RETIREMENT SYSTEM, Appellant.

The Supreme Court of Washington, Department Two.

August 13, 1953.


Attorney(s) appearing for the Case

The Attorney General and Elroy F. Wiehl, Assistant, for appellant.

Harold A. Pebbles, for respondent.


SCHWELLENBACH, J.

There is only one question before us and that is, as stated by appellant, "whether or not the respondent, Keith R. Clark, was in the `actual performance of duty' within the meaning of RCW 41.40.200 when he became totally incapacitated for duty as the natural and proximate result of an accident occurring while in the service of an employer without wilful negligence on his part." (Italics ours.)

The appeal comes to us on an agreed statement...

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