Petitioner, the decedent's employer, complains that there is no evidence that at the time of the accident the decedent was 'in the course of his employment,' but alternatively, even if there was some evidence, it was not conclusive, and the jury should have been asked to find whether the decedent and his co-employee, who was driving the pickup, were then in the course of their employment. The jury was not properly charged.
April 25, 2005 at 12:00 AM
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