298 N.W. 46 | Minn. | 1941
The assignments of error challenge only the finding that the accidental injuries of respondent arose out of and in the course of his employment. The contention is that the place of the accident was not where respondent was required to be and not during his hours of work, but during the time allotted him for lunch. The pavilion was about a block distant from the nearest part of the golf course. Respondent could have reached the toilet without going to the pavilion or crossing the boulevard. He had no duties *323 at the pavilion, which was locked an hour before midnight and its lights turned out. On the other hand, the commission had the right to take into consideration that the golf course is a part of Como Park, and that while in the park as a city employe respondent might properly be expected to protect the interests of relator in the park. He had been furnished by his superior with a police badge. The half hour he was given for lunch was too short for him to have it at home or away from the park. It seems to us that the commission could also lay some significance to the fact that relator paid respondent's hospital expenses and weekly compensation for 300 weeks without objection. The superior who instructed respondent as to his duties is now dead, and his testimony is not available.
Relator calls attention to this part of 1 Mason Minn. St. 1927, § 4326(j):
"Without otherwise affecting either the meaning or interpretation of the abridged clause 'personal injuries arising out of and in the course of employment.' It is hereby declared:
"Not to cover workmen except while engaged in, on, or about the premises where their services are being performed, or where their services require their presence * * * during the hours of service as such workmen; * * *"
And of prior decisions, relator cites as most in point Simonds v. Reigel,
The award of the commission is sustained and the writ discharged. Respondent may tax $75 attorneys' fees.