WORKMEN'S COMPENSATION ACT — Accident Arising out of Employee's Employment — Case at Bar. — In the instant case the Industrial Commission held that the evidence was insufficient to establish that the accident resulting in the employee's death arose out of his employment. Upon a review of the evidence the Supreme Court of Appeals thought that the decision of the Commission was correct in its finding on this point, and accordingly affirmed the order of the Commission. Deceased was an employee of an ice company. Deceased while on his rounds delivering ice entered a warehouse of a company to ascertain whether the company needed ice. Sometime after deceased and his fellow employee stopped in front of the warehouse, deceased was discovered unconscious at the bottom of an elevator shaft in the warehouse, was taken to a hospital and died without regaining consciousness. Nobody saw him enter the building and nobody saw him while inside.
EPES, J., delivered the opinion of the court.
On October 14, 1931, Joseph P. Kingery met his death while in the employment of Peoples Ice Company. On June 7, 1932, the Industrial Commission of Virginia entered its order denying to his widow, Mrs. Helen Kingery, and his five minor children, an award of compensation on the ground that, though the accident which resulted in the death of Joseph P. Kingery occurred during the course of his employment, it did not arise out of his employment.
The only assignment of error is that the Commission erred in holding that the evidence is insufficient to establish that the accident arose out of his employment. Upon a review of the evidence we think that the Commission is correct in its finding on this point; and that the order of the Commission should be affirmed.
Affirmed.
HUDGINS, GREGORY and CHINN, JJ., dissenting.