NESS v. DIAMOND ASPHALT COMPANY.

No. 10630.

393 P.2d 43 (1964)

Mrs. Bergeliot NESS, Thorwald (Tom) Ness, Fatal, Claimant and Appellant, v. DIAMOND ASPHALT COMPANY, Inc., Employer, and Industrial Accident Board, Defendant and Respondent.

Supreme Court of Montana.

Decided June 11, 1964.


Attorney(s) appearing for the Case

D.J. Sias, Oscar Hendrickson (argued), Chinook, for appellant.

L.V. Harris (argued), Helena, for respondent.


DOYLE, Justice.

This is an appeal by claimant Ness, hereinafter referred to as appellant, from a judgment of the district court of the twelfth judicial district affirming a ruling of the Industrial Accident Board. The Board had ruled that appellant was not entitled to workman's compensation by reason of the death of Thorwald Ness, husband of claimant.

Thorwald Ness was found dead in a lavatory on his employer's premises on January 8, 1958. The lavatory was...

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