MARTIN K. EBY CONSTRUCTION CO. v. INDUSTRIAL COM'N

No. 20306.

377 P.2d 745 (1963)

MARTIN K. EBY CONSTRUCTION CO., Inc., a corporation, and American Employers Insurance Co., a corporation, Plaintiffs in Error, v. INDUSTRIAL COMMISSION of Colorado, and Trinidad Leroy Romero, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied January 28, 1963.


Attorney(s) appearing for the Case

McComb, Zarlengo & Mott, Leonard V. Carlin, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for defendant in error Industrial Commission.

Wormwood, O'Dell & Wolvington, William P. De Moulin, Denver, for defendant in error Trinidad Leroy Romero.


FRANTZ, Justice.

The question for determination is whether the Colorado Workmen's Compensation Act (C.R.S. '53, 81-1-1 et seq.), which provides compensation for personal injury or death of an employee by accident "arising out of and in the course of his employment," is applicable, under the circumstances of this case, to an injury sustained by Romero while enroute to a construction job on which he had been hired as a laborer.

Considering the testimony in connection...

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