Ness v. DIAMOND ASPHALT COMPANY. , 143 Mont. 560 ( 1964 )

MR. JUSTICE ADAIR

dissenting:

In my opinion the workman, Thorwald Ness, died as the re-suit of an industrial accident occurring at and in his employer’s plant and place of business and while the workman was there performing, for his employer, the tasks and duties to which he had been assigned and that by reason thereof the workman’s surviving widow, Mrs. Bergeliot Ness, is entitled to compensation by reason of the death of her husband so occasioned. In my opinion the ruling of the Industrial Accident Board and the judgment of the district court, both, should be reversed.

I therefore dissent to the majority opinion in this cause.