83 S.W.2d 1059 | Tex. App. | 1935
This is a suit under the Workmen's Compensation Law (Rev. St. 1925, art. 8306 et seq., as amended [Vernon's Ann. Civ. St. art.
On the 9th of May, 1934, Miss Andrews was a regular employee of the Wadel-Connally Hardware Company, in Tyler, Tex., and had been so employed for more than a year next preceding her death. On the date of her death and at the time of injuries causing same, she was engaged on a regular working day, and in regular working hours, in her work as a stenographer for said company on its premises in Tyler, and at such time was regularly engaged in such work in the office of the company, provided for her in connection with her work as stenographer.
Miss Andrews and W. A. Pope on said date were instantly killed as a result of the explosion of a boiler located in the cleaning and pressing establishment of C. N. Jones. The boiler had been installed in the Jones plant about April 4, 1931, and was situated near the west wall of the Jones plant. The Wadel-Connally building was situated immediately west of the Jones plant and across a twelve-foot alley.
"As a result of said explosion, the boiler was carried in a westerly direction, through the twelve inch brick wall of the Jones plant, across the twelve foot alley, through the eight inch east wall of the Wadel-Connally building shown on the plats, and to a point near the west wall of the Wadel-Connally building. At the time of the explosion, said Lucy Lee Andrews and said W. A. Pope were each seated at a desk in the office of the Wadel-Connally Hardware Company, as shown on Exhibit No. 2.
"It is further agreed that the Wadel-Connally Hardware Company was engaged in the hardware and automobile accessory business, and that C. N. Jones was engaged in the cleaning and pressing business, and that the operation of the two businesses were separate and distinct, and under different ownership and management. The Wadel-Connally Hardware Company building was constructed on or about the first day of June, A.D. 1932. * * * *1060
"It is further agreed that said Lucy Lee Andrews was killed as aforesaid by the boiler's explosion, and striking her."
Other agreed facts show the explosion of the boiler was due to excessive steam pressure, weakened condition of boiler, and failure of safety appliances to function.
Article 8309, R. S. provides that the term "injury sustained in the course of employment," as used in the law, "shall include all other injuries of every kind and character having to do with and originating in the work, business, trade or profession of the employer received by an employee while engaged in or about the furtherance of the affairs or business of his employer whether upon the employer's premises or elsewhere."
Appellant admits the deceased was an employee under the terms of the Workmen's Compensation Law, and that she was killed upon her employer's premises while she was engaged in and about the furtherance of the affairs and business of her employer, but it is contended the injuries of the deceased resulted from a risk or hazard which was not necessarily or ordinarily or reasonably inherent in or incident to the conduct of the employer's business or work, and therefore the injuries were not sustained in the course of employment.
A steam boiler in operation is an inherently dangerous instrumentality. Its explosive force is tremendous, and at times appalling in its dangerous and destructive character. It is a potential source of danger to all persons in its immediate vicinity. In the discharge of her duties as an employee of Wadel-Connally Hardware Company the deceased was required to work in close proximity to the boiler. The fact that she was in a measure protected from injury by the boiler exploding because of the intervening walls and alley is unimportant. Such protection was ineffective. The important fact is that it was necessary for her to work in a place where she was exposed to danger of the boiler exploding and inflicting injury upon her as it in fact did. Under such circumstances, the deceased was exposed to a risk or hazard of injury by the boiler exploding which was reasonably incident to the conduct of her employer's business or work. Therefore her injury had to do with and originated in the work or business of her employer, and was sustained in the course of her employment. As such, the claim is compensable under the act. This conclusion finds support in the following cases: Lumberman's Reciprocal Association v. Behnken,
*1061The judgment is affirmed.
