27 A.2d 164 | Conn. | 1942
The plaintiff, an employee of Goldie, hereinafter referred to as the defendant, was injured while riding on the public highway in a vehicle by the defendant. The question is whether the accident arose out of and in the course of his employment. The plaintiff was a handy man in the automobile sales place of the defendant in East Hartford. Among other things it was his business to use a three-wheeled motorcycle in connection with delivering and *241 picking up automobiles at various places. On June 6, 1941, the plaintiff, using the three-wheeled motorcycle, delivered a car to the State Theater in Hartford, where it was to be raffled that night. The plaintiff finished his work about 7 o'clock in the evening except that he had to pick up the car at the State Theater later that same evening. As the plaintiff was leaving the shop to walk to his home in Hartford, one of his supervisors reminded him that the car had to be picked up and brought back and suggested that for the convenience of all the plaintiff take the motorcycle and report with it at the State Theater at 9 o'clock that night. The supervisor did not restrict the use of the motorcycle in any way. The claimant rode the motorcycle to Trumbull Street in Hartford where he had his supper and he then proceeded on the motorcycle over Chapel Street to go to the home of a friend, where he expected to remain until it was time to go to the State Theater and pick up the car in accordance with instructions. During this second trip he was injured as a result of a collision with an uninsured automobile. At the time of the accident the plaintiff was not on the route he would take if he were on his way direct to his home.
On these facts, which are not disputed by the plaintiff, the commissioner concluded that he sustained his injuries as the result of an accident which arose out of and in the course of his employment, and that at the time of the accident he was at a place where he might reasonably be and was reasonably fulfilling the duties of his employment. These conclusions must stand unless they were reached "as a result of an incorrect application of some rule or principle of law to subordinate facts, or because of an inference illogically drawn from subordinate facts." Palumbo v. *242
Fuller Co.,
"An injury to an employee is said to arise in the course of his employment when it occurs within the period of his employment, at a place where he may reasonably be, and while he is reasonably fulfilling the duties of his employment, or engaged in doing something incidental to it. `In the course of' points to the place and circumstances under which the accident takes place and the time when it occurred. . . . The term `arising out of' in this Act points to the origin or cause of the injury. . . . An injury which is a natural and necessary incident or consequence of the employment, though not foreseen or expected, arises out of it." Larke v. Hancock Mutual Life Ins. Co.,
Applying these rules, it follows that injuries sustained on the highway are not ordinarily compensable. Whitney v. Hazard Lead Works,
In both of these cases the employees were in a stronger position than is the plaintiff in the case at bar. In the Ohmen case the day's pay had begun and the plaintiff had the express permission of his employer to vote on his way to work. In the Mulligan case the plaintiff had errands to do for the employer and was on her way home. This case also distinguishes Taylor v. M. A. Gammino Construction Co.,
In the case at bar, the plaintiff had no further duties after 7 o'clock until he picked up the car at the theater later in the evening. The use of the motorcycle was given him as a matter of convenience and to save him the walk home and from there to the theater. If, as was suggested in argument, he had taken a trip to Savin Rock for his personal pleasure, it could hardly be claimed that an injury suffered on that trip arose out of and in the course of his employment. Although the deviation from his route was not so great, the deviation from the general *244
purpose of his employment was as complete when he decided to spend his time in a social call on a friend. In taking his course for the purpose indicated he was doing nothing incidental to his employment. His injury arose neither in the course of nor out of his employment. Ohmen v. Adams Bros., supra; Mulligan v. Oakes, supra. See also Mann v. Glastonbury Knitting Co.,
The plaintiff stresses the importance of the "waiting period," citing cases like Iliff v. Norwalk Tire Rubber Co.,
There is no error.
In this opinion MALTBIE, C.J., AVERY and DICKENSON, Js., concurred; ELLS, J., dissented.