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BALLOU v. STATE INDUSTRIAL ACCIDENT COM.

214 Or. 123 (1958)

328 P.2d 137

BALLOU v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed July 16, 1958.

Attorney(s) appearing for the Case

Philip A. Levin and Emerson U. Sims, Portland, argued the cause for appellant. With them on the brief was A.L. Casciato, Portland.

T. Walter Gillard, Assistant Attorney General, Portland, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem, and George S. Woodworth, Assistant Attorney General, Portland.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, WARNER, McALLISTER and SLOAN, Justices.

AFFIRMED.

LUSK, J.

This is an appeal by the plaintiff from a judgment n.o.v. for the defendant, State Industrial Accident Commission, in an action brought for the purpose of reversing the decision of the commission rejecting plaintiff's claim for compensation for the accidental death of her husband, Billy D. Ballou.

At the time of his fatal injury on January 4, 1954, and for approximately a year prior thereto the deceased earned his living hauling...

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