185 N.E. 190 | Ill. | 1933
The circuit court of Cook county confirmed an award of the Industrial Commission in favor of Jasper Walker against Eddington F. Combes, administrator of the estate of Dora F. Combes, for accidental injuries sustained by *400 him arising out of his employment by Dora F. Combes. On the petition of the administrator and the insurance carrier, the Hartford Accident and Indemnity Company, a writ of error was awarded to bring the cause before us for review. The only question raised is whether the injury received was one "arising out of the employment."
Walker had been employed by Dora F. Combes about five years as janitor in an apartment building in Chicago. He resided in the building and was subject to call at all times, day and night. His duties were to clean the building, fire the boiler, see that the doors were locked, attend to the hot water heater and everything in general. At times he collected rent when instructed by his employer to do so. If anyone came around that he did not think was right, his instructions were to call the police. If he saw any strangers around — anything which did not "look presentable" — he was supposed to investigate. If he saw anyone hanging around the halls or any place who looked suspicious he asked them to leave. When he felt suspicious he carried his own pistol. On the morning of October 6, 1931, he had been cleaning and had gone to the basement to empty garbage and take care of the hot water heater. He returned to the second floor about 11:30, picked up his broom and began sweeping. He then heard two men talking. He looked over and saw Emile M. Mixon, a tenant of the building who at times helped with the cleaning. He did not know the other man. He heard argument but did not understand all that was said. There was a bag almost between the two. Walker saw what looked like a white shirt lying on the floor. He proceeded with his sweeping, watching the men also. He was suspicious that the other man was a hold-up man. Mixon had his back to Walker, and the other man was in front of Mixon so that Walker could not see what the other man had in his hand. Mixon suddenly jumped to one side. A shot was fired which was intended for Mixon but struck Walker in the left arm. *401
Mixon met two men in the building about 11:00 o'clock who were strangers to him. They were carrying a bundle of clothes. Mixon asked them what they were going to do with the clothes. They said they were going to carry them to the laundry. Mixon asked where they lived. They said they lived in the building. He insisted that they show him where they lived and walked with them to the second floor. One of the men said he lived in flat 206. Mixon knew this was false, as flat 206 was the one occupied by Walker. The man set the bag of clothes on the floor and started to open it up. He took a shirt or something out of it and threw it to the floor. Mixon thought he was going to identify himself by the clothes, but instead he brought out a pistol and began to shoot. Walker was standing a few feet behind Mixon and was shot.
An injury not fairly traceable to a risk of the employment as its proximate cause does not arise out of the employment. There must be some causal relation between the injury and the employment. It is not enough that the injured person was at the place of the accident because of his work unless the injury is the result of some risk of the employment. The plaintiff in error, relying upon this principle, insists that Walker's injuries were not the result of any risk of his employment and therefore did not arise out of his employment. He cites a number of cases in which, under varying circumstances, an employee in the course of his employment has been injured or killed by the act of a stranger and in which compensation was denied for the reason that the injuries did not arise out of a risk incident to the employment. In Chicago and Alton RailroadCo. v. Industrial Com.
Many other cases of a character similar to those mentioned might be cited illustrating the endless variety of circumstances and details which occur in cases under the Workmen's Compensation act. The rule is plain enough which requires a causal relation between the employment and the injury, though its application is sometimes difficult. *404
In the class to which this case belongs, however, the application is reasonably clear. The rule was announced inOhio Building Vault Co. v. Industrial Board,
The judgment of the circuit court is affirmed.
Judgment affirmed.