67 Ind. App. 270 | Ind. Ct. App. | 1918
While appellee’s husband was at work at the plant of appellant ahother employe shot and killed him. Appellee filed her claim for compensation before the Industrial Board under the Workmen’s Compensation Act (Acts 1915 p. 392) and com-: pensation was allowed.
The only claim made by appellant is that the evidence does not sustain the finding of. the Industrial Board that the accident arose out of decedent’s employment. The uncontroverted facts are substantially the following: John Mulray, decedent, was employed by appellant to keep a record of ice taken from its ice plant to be sold by its drivers, and .to require each to account for the quantity taken out by
It is conceded by appellant that Muiray’s death was the result of an accident received in the course of his employment with it, but the contention is that it did not arise out of such employment.
Appellant relies principally upon the case of Union Sanitary Mfg. Co. v. Davis, supra, in which this court stated the same rule which has been declared by the several courts considering like questions. The facts of that case are clearly distinguishable from the present. There the claimant on his own account provoked a quarrel with another employe in another department and with whom his employment did not require him to be associated or to come in contact, nor to whom he was required to go with any complaints, and it was made to appear that there was no causal connection between Davis’ duties and his injuries. There are other distinguishing features, but this is sufficient. As bearing on some of the propositions now under consideration, the' authorities cited in that case, however, are instructive. See, also, United Paperboard Co. v. Lewis (1917), 65 Ind. App. 356, 117 N. E. 276; In re Loper (1917), 64 Ind. App. 571, 116 N, E. 324.
In the case last cited this court said: “The test of the right to compensation under such acts, in so far as concerns the element now under consideration, is whether the injury resulted from some peril incident to the employment; whether the cause of the injury, although not foreseen, may reasonably be deduced from the circumstances and surroundings peculiar to the place,, and under which the workman
The evidence also shows that Mulray was a peaceable man, entertaining no ill will against Spencer, while the latter was of. a quarrelsome disposition, and for at least ten days before the shooting occurred, as heretofore disclosed by the evidence, had made threats against decedent to do him harm, both to him personally and to others. One witness stated: “Whenever decedent called his attention to any shortage he got mad and sought a personal encounter with him (Mulray).” Yet it was decedent’s express duty to deal with all these drivers daily and about a subject which might and did often awaken in them a spirit not only of resentment, but of actual antagonism, because it affected a matter of deep interest to them — their pay. In this particular instance it is quite reasonable to infer that the shooting occurred by reason of decedent’s persistent endeavor to collect shortages due his employer, and this is particularly true when considered in connection with the character of the man, as shown by the record, who did the shooting.
Award affirmed.
Norn — Reported in 119 N. E. 149. Workmen’s compensation: injuries deemed to arise out of and in the course of the employment, see note 191.