Romerez v. Swift & Co.

Citations

• 106 Kan. 844
• 189 P. 923
• 1920 Kan. LEXIS 667

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Compensation Act — Death of Workman — Injury Did Not Arise Out of the Employment. The deceased, with another Mexican, was ’engaged in trucking livers in the defendant’s packing house. An altercation occurred between him and a colored ox-tail trucker resulting in a fight which was reported to the foreman. Shortly after this the colored man and another workman were engaged in trucking ox tails, when the deceased and his partner coming along within ten or twelve feet of them were abused and called names by the colored workmen. The two Mexicans left their truck and approached the colored men and engaged in an altercation with them, during which one of the colored men stabbed and killed the deceased. Held, that the injury did not arise out of the employment, and, therefore, the defendant is not liable.</p>