Aschenbach

The sole question for decision is of the meaning of the term “accident” as it is used in the Workmen’s Compensation Law of Idaho (Idaho Compiled Statutes 1919, § 6213 et seq.). If under any reasonable view of the evidence the injury for which plaintiff below (appellee here) sued and recovered was not “accidental” within such statutory meaning, appellant concedes the judgment should be affirmed; otherwise it should be reversed and the action dismissed on the ground that the *2 courts are without jurisdiction of the subject-matter.

Plaintiff’s injury was incurred while he was working for appellant as a painter, from January 13 to January 20, 1928. His job was to do the inside painting upon a new zinc smelter appellant was constructing near Kellogg, Idaho. For the work appellant furnished him with a certain brand of paint and a thinner, with instructions to mix them half and half; and this he did. From the first day he had a headache which grew increasingly distressing, and gradually he lost his appetite and his ability to sleep. Shortly after he quit work on the 20th, he became very sick, and irrational and was taken to the hospital. It turns out that the thinner, the nature of…