295 N.W. 321 | Mich. | 1940
Defendant operated a number of trucks between Grand Rapids and Chicago. Plaintiff's decedent, George Chrysler, met his death on Sunday night, August 27, 1939, while riding on a truck of his employer, the defendant carrier company. Chrysler's duties were to drive a loaded truck from Grand Rapids, his home, to Chicago, unload the truck there, have it reloaded with goods destined for Grand Rapids, and then drive the truck *608 on its return trip. It appears that any of defendant's drivers who arrived in Chicago on Saturday too late for the unloading and reloading had the choice of remaining in Chicago over Sunday at defendant's expense, or of returning home for the week end on another of defendant's trucks if one were returning to Grand Rapids. Decedent arrived in Chicago on Saturday, August 26th, too late for the reloading of his return cargo, and he chose to return to Grand Rapids that night on one of the trucks. He spent Sunday with his family in Grand Rapids and started back for Chicago on a company truck. He rode in the cab with the driver. All we know of the mishap is that the driver heard the door of the cab "click" open, "felt a bump," and then he noticed that his passenger was no longer beside him; the body, badly crushed, was found on the road.
The first question presented is whether there is room for the finding of the department of labor and industry that deceased met his death from injury "arising out of and in the course of his employment" (2 Comp. Laws 1929, § 8417 [Stat. Ann. § 17.151]). Defendant urges application of the rule that travel to and from the place where the employee's duties are to be performed is unrelated to the employment (see Furino v. City ofLansing,
It is contended that the deceased met his death "by reason of his intentional and wilful misconduct" which bars any recovery of compensation. 2 Comp. Laws 1929, § 8418 (Stat. Ann. § 17.152). The conclusion to be drawn is one of fact, and the finding of the department is conclusive if there is any evidence from which such a conclusion might reasonably be inferred. 2 Comp. Laws 1929, § 8451 (Stat. Ann. § 17.186);McMinn v. C. Kern Brewing Co.,
Our conclusions herein are based on the testimony in the record and not from facts disclosed in reports filed by defendant to comply with the law.
The award is affirmed, with costs to plaintiff.
BUSHNELL, C.J., and SHARPE, BOYLES, CHANDLER, NORTH, McALLISTER, and WIEST, JJ., concurred. *611