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Abstract

A farm hand, sent by his employer to work for a day at a neighbor's farm, was killed by lightning while returning home. At the time of the accident he was driving a team of horses, without a wagon, and was crossing a "high, rocky hill near a wire fence." An award under the Colorado Compensation Act was affirmed by the district court. On appeal from this affirmance, held, by a majority of the court, that "since Oakley's employment required him to be in a position where the lightning struck him, there was a causal relation between employment and accident, so that the latter may be said to arise out of the former, and therefore the judgment should be affirmed." Aetna Ins. Co., v. Industrial Comm., (Colo. 1927) 254 Pac. 995.

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