272 N.W. 172 | Minn. | 1937
The road from Waseca to the territory in which the deceased worked passes the home of the parents of his widow. On the way he took his family to visit her folks and had supper with them on his way back. He left their home early in the evening, saying that he was going to Waseca to confer with his employer about a proposition which he had for the sale of the Madden car. On the way to Waseca he had an accident in which he was killed. The memorandum for the muffler was found in his pocket. Relators' claim is that the deceased was on a purely personal errand, unconnected with his employment at the time he was killed, in that he was then en route to pick up a customer with whom he had an engagement at Waseca and with whom he was going to a near-by village on a pleasure trip. The commission found against the contention of relators.
There was evidence that the employer's business required deceased to be upon the highway at the place where the accident occurred and during the hours thereof; that during the entire day he was engaged in the employer's business, trying to dispose of the Madden car, which had been intrusted to him that morning for the purpose of disposition, as well as otherwise attending to the employer's business; that he was using the employer's automobile and was returning to the employer's place of business at Waseca, as the employer expected him to do when he started out in the morning, and where he had business with the employer with respect to this car. The finding of the commission is supported by the evidence. Olson v. Eck's Homemade Sausage Co.
Stopping for supper at the home of his wife's folks did not take the deceased out of his employment. Meyer v. Royalton Oil Co.
Respondent is allowed $100 attorneys' fees and costs and disbursements in this court.
Affirmed.
MR. CHIEF JUSTICE GALLAGHER, not having been a member of the court when this case was argued and submitted, took no part in its consideration or decision. *352