295 Mass. 451 | Mass. | 1936
This is a workmen’s compensation case. G. L. (Ter. Ed.) c. 152. From a decree ordering the payment of compensation to the employee the insurer appealed. The employee admittedly sustained a personal injury. The only question for determination is whether on subsidiary findings of the Industrial Accident Board warranted by the evidence the employee’s injury arose “out of and in the course of his employment” as the board decided. § 26.
The board made these subsidiary findings of fact: The employee was employed as a painter by the Mount Hope Farm. The employer’s premises consisted of about fourteen hundred acres of land with forty tenement buildings. The “employee’s work took him to various parts of the
The subsidiary findings were warranted by the evidence. The insurer objects to the finding last recited with special reference to the words “particular place.” It is apparent, however, from the context, that these words are not to be construed' with mathematical exactness, but mean a place at or near the driveway where the employee could board the truck. With the words so construed the finding ob
The subsidiary findings support the conclusion that the employee’s injury arose “out of and in the course of his employment.” According to these findings his employment for the day had not come to an end when the accident occurred. Though the employee when injured was on his way home he was on his employer’s premises where his employment carried him. See Mannering’s Case, 290 Mass. 517, 519, and cases cited. Under the agreement of employment transportation of the employee to and from his work by the employer was an incident of the employment. Donovan’s Case, 217 Mass. 76. Vogel’s Case, 257 Mass. 3, 4-5. Compare Lee’s Case, 279 Mass. 357, 361. The employee while waiting on his employer’s premises for such transportation had not gone outside the scope of the employment. Compare Horton’s Case, 275 Mass. 572, 573; Eifler’s Case, 276 Mass. 1, 2. The risk of injury while he was so waiting was a hazard to which his employment exposed him. This hazard included the risk of being struck by an automobile. Bresnahan v. Barre, 286 Mass. 593. See also Keaney’s Case, 232 Mass. 532. Though the risk of his being struck by an automobile turning off the travelled part of the way onto the employer’s premises resembled the risk to which pedestrians travelling on public ways are exposed, it was not a risk common to such travellers but was a special risk of the employment. Hornby’s Case, 252 Mass. 209, and similar cases relied on by the insurer are not controlling. A causal relation between the employment and the employee’s injury is shown. Since the injury did not arise out of a risk of the street discussion of the statute providing for compensation for an injury “arising out of an ordinary risk of the street” is not required. See G. L. (Ter. Ed.) c. 152, § 26.
Decree affirmed.