114 S.W.2d 1115 | Ky. Ct. App. | 1938
Affirming.
Edward J. Heffren was an employee of the American Medicinal Spirits Corporation. Both had accepted the provisions of the Workmen's Compensation Act, Kentucky Statutes, sec. 4880 et seq. On May 27, 1935, Heffren fell from a truck and received injuries from which he died. His widow, Lillian Heffren, applied to the Workmen's Compensation Board for compensation for herself and infant children. Compensation was denied, and on petition for review to the Jefferson circuit court the award was affirmed. The widow appeals. *589
The only question is whether the accident arose out of and in the course of the decedent's employment.
The evidence discloses the following situation: The decedent worked from morning until night, and was allowed thirty minutes for lunch. At noon on the day of the accident the decedent came out of the warehouse and got on one of appellee's trucks with six or seven other employees for the purpose of going to lunch at a restaurant a few blocks away. The accident happened about 12:02 p. m. and at a place some five or six blocks from appellee's premises. Appellee employed several hundred men, all of whom ate lunch on the premises, with the exception of about twelve, who were in the habit of going to nearby restaurants for lunch. Some of them would walk, or go in their own or other employees' cars, and some of them would go on one of the company's trucks, if it was not loaded, and the decedent was one of those who frequently rode on one of the company's trucks. According to the driver of the truck, he was not given permission to do so, but he would drive the truck to his lunch, and if any of his fellow employees wished to go along he would let them get on and ride. One employee testified that appellee's superintendent knew of the arrangements by which the employees were permitted to ride on one of the trucks to lunch, but this was denied by the superintendent, and the Workmen's Compensation Board found that the superintendent had no knowledge of the alleged custom.
This is not a case where the employee was injured on the premises a short time after he had quit work, and was preparing to leave. Hollenbach Co. v. Hollenbach,
Judgment affirmed.