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KING v. STATE IND. ACC. COM.

211 Or. 40 (1957)

309 P.2d 159

315 P.2d 148

318 P.2d 272

KING v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Reargued June 20, 1957.

Affirmed March 27, 1957.

Former opinion adhered to September 6, 1957.

Motion for allowance of attorneys fee October 19, 1957.

Allowed in part November 20, 1957.

Attorney(s) appearing for the Case

Joe B. Richards, Eugene, argued the cause for respondent. With him on the brief were Luvaas & Cobb, Eugene.

Earl M. Preston, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem.

Before PERRY, Chief Justice, and ROSSMAN, BRAND and McALLISTER, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendant, State Industrial Accident Commission, from a judgment in favor of the plaintiff, Elsie King, which the circuit court entered in a proceeding instituted by her as the widow of Lyle M. King to recover compensation for her husband's death. The judgment was entered after a jury had found that (1) at the time of his death King was an employee of a firm entitled Huber & Fisher; (2) King was engaged in...

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