225 Mass. 1 | Mass. | 1916
The findings of the Industrial Accident Board in
substance are: That Rollo S. Hewitt was in the employ of the John Hancock Mutual Life Insurance Company as an insurance agent attached to its office in Taunton, previously to and on September 23 and 24, 1913; that it is customary for insurance agents
The field of Hewitt’s employment, measured and limited not by material space but by his ability to find, interest and retain as customers persons interested in providing for the whole or partial future independence of themselves and of those dear to them, in a sense was boundless. The time for work and the manner and method to be followed in its successful pursuit necessarily rested in the judgment of the agent,' founded upon his experience and skill. In going to Providence, Rhode Island, the agent plainly did not leave the field within which he was authorized to work for his employer; nor, in availing himself of the opportunity for legitimate persuasion granted to him by Pierce, did he violate any express or implied condition of his employment.
In the prosecution of the business of soliciting insurance Hewitt was independent. While authorized and expected to go where there was any reasonable prospect of securing a customer, his time and his method of procedure were his own. He might travel on foot, on horseback, by trolley, train or automobile. He might write, telephone or telegraph. He was wholly free as to time, place or weather. Under such circumstances, when one accepts an invitation to travel by automobile, an injury received is not one “arising out of” his employment.
The danger incident to the use of an automobile is not a “causative danger” “peculiar to the work,” but is a risk which is common to all persons using one. The injury cannot be said reasonably to have been contemplated as the result of the exposure of the employment. Sheldon v. Needham, [1914] W. C. & Ins. Rep. 274. Slade v. Taylor, [1915] W. C. & Ins. Rep. 53. McNicol’s Case, 215 Mass. 497. Compare Pierce v. Provident Clothing & Supply Co. Ltd. [1911] 1 K. B. 997.
It becomes unnecessary to decide whether Hewitt was an employee within the meaning of the workmen’s compensation act.
The decree of the Superior Court
So ordered.
Entered by order of Jenney, J.