In this workmen’s compensation claim, appellant Nathan V. Earnest, an insurance salesman, lost his foot as the result of a gunshot wound from his own gun. He argues that the injury was work connected, since he was at the rural home of a prospective customer when the accident occurred. The attorney-referee awarded compensation, but the Commission denied it, and its order was affirmed by the circuit court. Under the imported danger doctrine, we think the hazard was brought onto the employment premises by the claimant himself, was a risk unrelated to the employment, and did not arise out of the employment; and further, at the time claimant was injured he had deviated from his job and the injury did not occur in the course of his employment.
Earnest was employed by Interstate Life & Accident Insurance Company to solicit and sell insurance policies on a specific route in the vicinity of Columbus, Mississippi. He was on friendly terms with Grover C. Brandon who lived out of Columbus. He had previously written policies on the four children of O’Neal Brandon, who lived with his father, Grover. Earnest obtained a waiver
He saw O’Neal Brandon some distance away from the house, working near the barn. He had previously discussed a policy of insurance with O’Neal, who could not qualify at the time because of a stomach ulcer. Claimant testified he was going to talk to O’Neal about a policy while waiting for Grover. He walked a short distance toward him, and then returned to his car and picked up his shotgun. Claimant was interested in guns and carried one with him wherever he went, for the purpose of shooting any available birds. He lifted from his car his 12-gauge shotgun for the purpose of shooting some crows, which he had seen earlier flying in the vicinity. He liked to shoot a gun, and stated that if he saw a crow he intended to shoot him. He put a shell in the gun and walked about four steps toward where O’Neal was working when the gun accidentally discharged, hit him in the left ankle, as a result of which the lower part of that leg had to be amputated.
Claimant stated he planned to tell O’Neal that if his father’s application was approved, he would try to get approval of an insurance application for him. However, he frankly said that he obtained the gun to shoot a crow.
Grover Brandon testified that he and his wife heard Earnest call for help, and, after they put a tourniquet on his leg, Earnest told him he had picked up his gun and was loading it to go down in the woods and shoot some crows. He did not remember him, saying anything about going to see O’Neal. Paul Salley, the staff manager for appellee insurance company, said Earnest stated to him that while he was waiting for Grover Brandon, he (claimant) decided to get his gun and shoot a crow. He knew claimant carried the gun in his car and liked to
The Workmen’s Compensation Commission denied coverage. It found that claimant deviated from his employment and obtained a dangerous instrumentality not connected with his work, for his own personal pleasure; and these acts were risks not incident to his employment. On this appeal, claimant argues that his only purpose in being on the Brandon property was to sell insurance, and, when injured, he was at a place where he was supposed to be, fulfilling his duties. It is further asserted that under the dual purpose doctrine, although claimant carried his shotgun for personal pleasure,.he was also performing his job in trying to sell insurance, both to Grover and O’Neal Brandon.
An injury arises out of the employment when there is a causal connection between it and the job. 58 Am. Jur., Workmen’s Compensation, Sec. 211; Brookhaven Steam Laundry v. Watts,
Earnest admitted he carried the gun for his own personal pleasure, and it had no connection with his job. The risk was unrelated to the employment, as distinguished from the mere increasing- of hazards from employment by the employee using some article which proves to be dangerous, such as matches, defective clothing, etc. 1 Larson, Ibid., Secs. 12.34, 12.35. Somewhat similar cases denying compensation are Hendrix v. Franklin State Bank,
Joe Ready’s Shell Station & Cafe v. Ready,
Secondly, the claimant’s injury did not occur in the course of his employment, hut at a time he had turned aside on a personal mission of his own. When claimant retraced his steps to his car for the purpose of getting his gun to shoot a crow, he turned aside on a personal mission, and was acting on that personal mission at the time he was injured. I Larson, Workmen’s Compensation Law, Sec. 18.41. During this deviation from his employment, he was not in the course of his work activities. Person v. Stokes, supra; T. C. Collier v. Texas Construction Co., supra.
Affirmed.
