South Dakota Supreme Court March 9, 1945, File No. 8716. (Baldwin v. Pitts)

RUDOLPH, J.

The facts of this dispute are similar to those stated in the opinion in Schwan et al. v. Premack, et al.,

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S. D., 17 N. W.2d 911. The two appeals have been considered contemporaneously, as the issues presented are identical.

Eugene Baldwin died on December 3, 1941, as the result of an accident arising out of and in the course of his employment by the defendant, Pitts.