Workmen's Compensation - Injuries at Home Arising Out of and In the Course of Employment

Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb.

The lower court decided that the injury was one arising out of and in the course of plaintiff's employment for which compensation should be given. On appeal, with the state supreme court evenly divided, four to four, held, affirmed. Joe Ready's Shell Station and Cafe v. Ready, (Miss. 1953) 65 S. (2d) 268 (1953).