246 P. 832 | Okla. | 1926
This is a proceeding to review an award of the State Industrial Commission in favor of L. E. Grandstaff for $195 and medical services. The Commission found that the claimant was engaged in a hazardous occupation within *102 the meaning of the law and sustained an accidental injury arising out of and in the course, of his employment. It is undisputed, as found by the Commission, that claimant sustained a compound comminuted fracture, requiring removal of a certain section of the cranium; that he was temporarily totally disabled, and thereafter returned to light work, receiving the same wage as theretofore. There is competent evidence tending to show that he was employed by the oil company as a warehouseman and filling station operator; that on entering the warehouse in the morning and while writing an order for a barrel of gasoline, he suddenly fell sick, felt dizzy and rushed to the door for fresh air, became unconscious, and received said injury. The sole question presented is whether there is any evidence to support the award, under the rule that such award will not be reviewed on a question of fact determined by the Commission, except to determine whether, as matter of law, there is any evidence to sustain the same.
1. Petitioners deny that the injury arose out of the employment, insisting that there appeared no causal connection between the employment and the injury under said evidence. Cases like Marion Machine Foundry Supply Co. v. Redd et al.,
"It (the injury) 'arises out' of the employment when there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed, and the resulting injury."
2. 3. The Commission has jurisdiction of accidental injuries arising out of and in the course of certain employment. Without proof of such causal relation, the accident would not arise out of the employment and a quasi jurisdictional fact would be lacking. In addition to proving negligence or other material issues directly, it is well settled that proof may be made by circumstances, but the circumstances must be proved and not presumed. Schaff, Receiver, v. Ferry,
"The Supreme Court shall have original jurisdiction of such action, and is authorized to prescribe rules for the commencement and trial of the same."
A mistrial is an erroneous trial on the ground of some defect in the persons trying; an erroneous, invalid, or nugatory trial; a trial which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite. 27 Cyc. 809. We held in Scruggs Bros. and Bill Garage v. State Ind. Com.,
The award herein is therefore reversed and, in the interest of justice, the cause remanded to the Commission for further proceedings not inconsistent herewith.
By the Court: It is so ordered.