137 Minn. 318 | Minn. | 1917
Defendants, Simmers & Campbell, are engaged in the business of quarrying, cutting and preparing granite stone for market at St. Cloud in this state. Defendant insurance company is engaged in writing indemnifying policies to employers for liability under the Workmen’s Compensation Act, and during the times in question was the insurer of the employers, Simmers & Campbell.
January 26, 1916, Eric Larson, now deceased, was in the employ of Simmers & Campbell, at $13.50 per week, assisting in cutting and
After the death of her husband, plaintiff notified defendants thereof and of her claim that he came to his death by accident, when a dispute arose, defendants contending that deceased died of natural causes and not as a result of accident, and that therefore they were not liable. Plaintiff then brought this action to have that question determined, defendants appeared and answered, a hearing was had, with the result that the trial court found for the plaintiff and, in effect, that deceased came to his death as the result of an accident arising out of and in the course of his employment, and that plaintiff was entitled to recover the amount of $34.73 per month for 300 weeks, and ordered judgment accordingly. Judgment was entered and defendants bring the case to this court by certiorari.
The only questions here presented are: Whether the evidence is sufficient to justify the findings that the deceased came to his death as a result of accident arising out of and in the course of his employment, - and whether the findings support the judgment. That the findings are amply sufficient to warrant the judgment we have no doubt. We are also of the opinion that the evidence justifies the findings that Larson’s death was the result of an accident arising out of and in the course of his employment.
The evidence shows deceased to have been a strong, robust man 51 years of age, a good, steady worker with regular habits. On the day. in question he was assisting in cutting a large piece of granite, using a 30-pound hammer with which he would strike the set hammer until the stone would break. These blows were required to be struck from the side, necessitating the striker’s assuming a crouching position. The
The judgment appealed from is affirmed.