117 S.W.2d 739 | Tenn. | 1938
Brown was a colored laborer in the employ of the appellee Company, which was doing work in Memphis calling for use of trucks and the hauling of material from a point in Arkansas. Brown worked with and on these trucks and made trips back and forth. At a point on the highway, crossing a bridge, while sitting on the bed of a truck, Brown's legs were caught and crushed between the side of the truck and the bridge work, and he was severely and permanently injured. The sides of the truck were down and Brown was seated on the floor, facing the side, with legs dangling.
There is abundant evidence sustaining the finding of the trial Judge that this was not only an obviously dangerous position in which to ride, but that Brown and other employees had been warned by others and instructed by the superintendent and by the driver of the truck *345 not to so ride. He persisted in so doing, despite these warnings and orders, and in the face of a danger which was obvious.
While the condition of petitioner evokes sympathy, and with full appreciation of the rule that the Compensation Act is to be construed liberally, we are constrained to agree with the trial Judge.
In repeated opinions this Court has distinguished the application of this section of the Act from mere negligence, however great. Louisville N.R. Co. v. Nichols,
The employer is entitled to protection from liability when the employee wilfully refuses to observe reasonable rules and obey orders against dangerous practices. Such conduct must be held to be wilful misconduct, within the intent of this section of the Act.
Affirmed. *347