75 Ind. App. 417 | Ind. Ct. App. | 1920
The findings of the Industrial Board which are material to a proper determination of the questions presented on this appeal are: Appellant is an Indiana corporation with its principal offices in the city of Indianapolis, and at all times since its organization has been engaged in the business of conducting a show. Appellee is the sole dependent of Harry Vincent Randall who lost his life, while in the employ of appellant. Randall’s contract of employment with appellant which was verbally made with appellant in West Baden, Indiana, was reduced to writing and executed in the State of Ohio, April 26, 1918, and among other things provided:
“It is understood and contemplated by the parties hereto that performance under this contract shall embrace services and travel in and through the several and various states of the U. S. A. and the Dominion of Canada, the extent thereof not being definitely ascertained. It is known and understood by the parties hereto that the laws of the said several states regarding the validity and interpretation of contracts with release of this nature lack uniformity, and that a few states have, enacted Employers’ Liability Acts. Now, therefore, acting in good faith and for the purpose of giving force and validity to this contract and release in all parts and at all times and places, it is mutually agreed between the parties hereto that the place of the contract and release, its status or forum, is the District of Columbia, or according to the laws thereof, if construed or litigated elsewhere, shall all matters whether sounding or in tort, relating to its validity, construction, and interpretation be determined to the same extent as if its execution, performance, or cause of action thereon or growing out of the same, actually took place or arose in said District of Columbia.”
The chief contention of appellant is that the Industrial Board has no jurisdiction over the subject-matter of this controversy, for the reason that the contract of employment was made in the State of Ohio, and by the express terms of the contract the parties in good faith stipulated that the laws of the District of Columbia should govern the validity and construction of the contract.
As shown by the finding, appellant is not only an In
Substantially the same question presented by this appeal was decided by the Supreme Court of New Jersey in the case of American Radiator Co. v. Rogge (1914), 86 N. J. Law 436, 92 Atl. 85. In that case the contract of employment was made in New York. The work of the employe was to be done partly in New York and partly in New Jersey. The employe died in New Jersey as a result of injuries received while about the work he was employed to do in that state. The court held that the employe was entitled to compensation under the laws of New Jersey. In passing upon the case, the court said: “The contention of the prosecutor is that as the relation is contractual, the contract must be governed by the law of New York, where it was made, and as that law at the time contained no provision for compensation, there can be no recovery. We think the
The provisions of the Workmen’s Compensation Act of New Jersey (Laws 1911, p. 134) cited by the court of that state as controlling, do not materially differ from the provisions of the Indiana law to which we refer in this opinion. The reasoning of the New Jersey Supreme Court in that part of the opinion which we have quoted is sound, and so far as applicable to the case at bar is approved. We therefore hold that the cause is governed by the Indiana Workmen’s Compensation Act. In addition to the Rogge case above cited, see Davidheiser v. Hay Foundry & Iron Works (1915), 87 N. J. Law 688, 94 Atl. 309; Johnson v. Nelson (1915), 128 Minn. 158, 150 N. W. 620.
The Industrial Board, among other things, found that appellee’s son was not performing services under the unlawful gambling contract at the time he received the injuries resulting in his death, but was in the course of his employment under the lawful written contract. There is therefore no merit in the contention of appellant that the award is contrary to law as giving to appellee the benefits of an illegal contract. Interstate Iron & Steel Co. v. Szot (1917), 64 Ind. App. 173, 115 N. E. 599.
Affirmed.