81 N.E.2d 571 | Ill. | 1948
Defendant in error, Wilma Silas, filed application for adjustment of claim under the Workmen's Compensation Act against the Container Corporation of America, a corporation, plaintiff in error, seeking compensation for the death of her husband, Willie Silas, deceased, which it was alleged arose out of and in the course of his employment with plaintiff in error. The matter was referred to an arbitrator, who awarded compensation. On review before the Industrial Commission, at which no additional evidence was heard, the award of the arbitrator was sustained. Oncertiorari, the circuit court of Cook County affirmed the finding of the Industrial Commission. The Container Corporation now seeks to review the finding of the circuit court, contending that the death of Willie Silas did not arise out of or in the course of his employment.
The facts show that Willie Silas was working for the Container Corporation on the day that the injuries were sustained which resulted in his death. A roll of paper, which was threaded around the rolls of a large drying machine, broke. A fellow employee, Jim Lee Petty, and a foreman, Arthur Jackson, went to the top of the machine to start threading the broken paper through the rollers. Willie Silas was working beneath them. Petty, who had been working at that job only about three days, dropped the sheet and it fell on Willie Silas, who was about two and one-half feet beneath him. Silas yelled, "No G — D — body is carrying that sheet up there." Petty replied, "We all got to learn." Nothing more was said at that time.
Some thirty minutes later, after completing the job of winding the paper through the machine, Petty went over to a place some distance from the drying machine where the earlier incident occurred, and remained there to cool off. *131 Silas approached Petty there, and in an abusive manner said he was going to cut his throat. When Silas said that, Petty struck him with his right fist and Silas fell down. Silas then got up and faced him again, and Petty again struck Silas with his fist. Silas went down again, and as he did so, his head struck against a machine, and as a result, he sustained head injuries which caused his death.
The evidence is silent as to whether or not Silas had a knife on his person with which to carry out his threat, but the witness, Petty, testified that he did not see a knife in Silas's hand when the threat was uttered. The evidence is undisputed that Silas and Petty had never previously had any trouble between them, nor was there any apparent animosity before the time that Petty dropped the sheet of paper on Silas.
The principal question presented is whether or not the death of Silas arose out of and in the course of his employment. (Armour Co. v. Industrial Com,
Counsel for defendant in error contends that the rule of law to apply in this case is the one adopted by this court in PekinCooperage Co. v. Industrial Com.
We cannot agree that the facts in the instant case justify the application of that rule. At the time Petty dropped the paper on Silas, an incident might have occurred to which such rule would be applicable, but it did not. The men continued their work and completed their job. Petty went over to lean against a hand truck to cool off. From the time that he had replied, "We all got to learn," until Silas approached him at the hand truck some thirty minutes later, they had had nothing to say to each other. At the time the fatal injuries were inflicted, neither of the parties was engaged in the duties of his employment.
The injuries which caused Silas's death did not have their origin in any risk peculiar to the employment. Silas was not then and there serving his employer's interest, and, therefore, there was no causal relation between the character of the employment and the injury. The risk of injury to himself was created by him at the time that he sought out Petty in the vicinity of the hand truck. *133
Counsel for defendant in error cites with approval our analysis in the case of Triangle Auto Painting and Trimming Co. v.Industrial Com.
In the instant case, Silas sought Petty out some thirty minutes after he, Petty, dropped the paper on Silas, and in a vile and abusive manner threatened to cut his throat. His words were antagonistic, and were such as might cause an altercation, whether justified or not. By such action, he stepped outside of the scope of his employment, and by so doing he stepped outside the protection of the Workmen's Compensation Act. Armour Co. v.Industrial Com.
We are of the opinion, therefore, that the deceased, Willie Silas, was the aggressor and that his quarrel with Petty was in no way connected with his employment, or in the manner of doing his work. The judgment of the circuit court of Cook County confirming the award was contrary to the manifest weight of the evidence, and it is reversed and the award set aside.
Judgment reversed; award set aside. *134