Appellant Estelle Witherspoon brought her original action against the appellee, Jerome L. Salm, Executor of the Last Will and Testament and Estate of Herman Salm, Deceased, for personal injuries, loss of wages and damages sustained by appellant, while appellant was a passenger in an automobile accident in Crittenden County, State of Kentucky, on the 9th day of January, 1952. At the time of the collision appellant was within the scope of her employment and her injuries arose out of and during the course of her employment for Salms, Incorporated. As a result of an agreement filed with the Industrial Board of the State of Indiana workmens compensation benefits were paid to appellant.
