Laskowski v. Jessup & Moore Paper Co.

Citations

• 30 Del. 492
• 7 Boyce 492
• 108 A. 281
• 1919 Del. LEXIS 65

Syllabus

<p>1. Master and Servant—Workmen’s Compensation Law; Proof of Accident Arising in Course of Employment.</p> <p>While claimant, under the Workmen’s Compensation Law, has the burden of showing the accident was one arising out of and in the course of the employment, proof need not be by direct evidence; but it is enough, where more is impossible, to show existence of facts from which it can be reasonably and failry inferred that death was from such an accident.</p> <p>2. Master and Servant—Workmen's Compensation Law; Remand of Case to Board for Further Evidence.</p> <p>It being impossible from the evidence, as shown by the record on appeal from award under Workmén’s Compensation Law by Industrial Accident Board, to determine whether the inferences drawn by it from the evidence were reasonable and fair, a photograph used by witnesses in explaining testimony not having been introduced, the case will be remanded for further evidence.</p>