278 N.W. 895 | Minn. | 1938
On the day the respondent was hurt he went to the place where the elevator conveyor reaches the third floor and shouted down to the men below to send up some goods which he was going to divert into one of the gravity conveyors where the gate was not yet set for such diversion. He then jumped upon the horizontal conveyor to ride to the point where he could set the gate for the desired gravity conveyor. As he did so his hand caught between the roller and the end of the elevator conveyor and he was injured. The industrial commission found that he had been forbidden to ride upon the conveyor although the respondent denied that he had.
It is the contention of the relators that the respondent violated an instruction limiting the sphere of his employment and that therefore *457
his accident did not arise out of and in the course of his employment. We are unable to agree with the relators in their contention. Violation of orders or directions does not defeat compensation unless such violation takes the employe out of the sphere or scope of his employment. Rautio v. International Harv. Co.
Respondent is allowed $75 attorney's fees in addition to statutory costs.
Writ discharged and decision affirmed.
MR. JUSTICE HILTON, because of illness, took no part in the consideration or decision of this case.