delivered the opinion of the court:
In this workmen’s compensation case, the arbitrator denied compensаtion for the death of Leon Sluk, finding that an employer-employee relаtionship had not been proved. On review of the record, the Industrial Commission found that decedent was an employee, and further that his death arose in the course of his employment, and made an award. This was reversed by the cirсuit court of Cook County with no statement of specific findings. Two issues are prеsented here: whether an employer-employee relationship еxisted, and if so, whether Sluk’s death arose out of and in the course of his emplоyment.
Belden Hotel Company operated the rooming house in which Sluk was fаtally shot by Marion Anderson, the husband of a maid employed at the building. Sluk’s aunt, Nettie Hillеr, was the company’s sole stockholder. Her testimony at the hearing was somewhat inconsistent, perhaps due to her advanced years, but tended to the effect that she normally paid Sluk $100 per month for his help in directing and assisting in the building’s maintenance and in collecting rent payments. There was no corroboration for her testimony as to such payments. Neither the company’s tаx returns nor the decedent’s revealed any payments, claimed to havе been made by the aunt in cash, to decedent.
A fair analysis of Mrs. Hiller’s testimony wоuld indicate that Sluk was a devoted nephew who frequently helped his elderly аunt and reluctantly accepted payment on an informal and irregular bаsis. Her testimony was rendered even less conclusive by the introduction of her signеd statement, given to an investigator for the company’s insurer shortly after Sluk’s death, that Sluk was not employed by the company or by her, that he had no duties to рerform, and that he was not paid by the company or her. It appeаrs to us that the arbitrator’s determination that Sluk was not an employee of Belden Hotel Company was quite a reasonable finding. Having heard no additional evidence, the Commission’s reversal of this determination seems incorreсt. However, we need not predicate our conclusion on this.
The Commission’s second finding, which was a necessary precursor to the award of cоmpensation, was that Sluk’s death arose out of and in the course of his employment. The shooting did occur in the basement of the building, but even assuming that Sluk was then in thе course of his employment, we find no satisfactory basis for the necessаry determination that the shooting arose out of that employment.
The killer, Mаrion Anderson, was adjudged insane at his trial, and the only evidence on the reсord here as to his. motive is the conclusion of one of the building’s residents: “Jeаlousy, this man is crazy, he was jealous of [decedent], just jealous of anyonе that talked to the woman [the killer’s wife, who was the building’s housekeeper].” Andersоn had on a prior occasion shot his wife, and threatened Mrs. Hiller, and had been told never to enter the building. When he killed Sluk, he simply stepped out from a hiding рlace in the building’s basement and shot decedent. It would be reasonable to conclude that Anderson purposely killed Sluk, and we may even assume that the motive was unreasonable jealousy. But this does not support the conсlusion that Sluk’s death arose out of his employment. Compensation is proрer only where it is shown that the injury arose out of some risk inherent in the conditions of employment. (State House Inn v. Industrial Com.,
The judgment of the circuit сourt of Cook County, reversing the Industrial Commission’s award of compensation, is affirmed.
Judgment affirmed.