South Dakota Supreme Court March 9, 1945, File No. 8731. (Anderson v. Hotel Cataract)

SMITH, P. J.

An employee of the Minnehaha Hotel Company died as the result of an assault by a co-employee. The father of the deceased claimed compensation under SDC 64.0402(1). The Industrial Commissioner concluded that the injury did not arise out of .and in the course of the employ

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ment and denied compensation.