*1 995 apparent aggrieved the limitation is party conditioned on the having years to discover the fraudulent facts. The condition of Jen however, subject years, ten is to the rule one shall be deemed cognizant of known, or conversant with facts that should have been one have by and is held to known that he the exercise of could, facts ordinary by circumstances, care commensurate with the discover due diligence power.” or the means within his ride, however, subject qualification

This is a to where relation of trust parties. plaintiff and confidence exists between the When a is security by rendering relationship, lulled into a sense of reason-of such duty duty no it the of the defendant to disclose the truth he is under begin not until inquiry, to and the statute does to run make Lyons, 281 actual discoveryof J., 317; Thompson v. the fraud. C. sec. [37 Priest, 475; Wrigley, 430, 942; S. W. Bent v. 86 Mo. v. Selle Mo. Schuetze, App. 43, 233 Mo. 116 W. 217. S. See also v. Stoff 635, Mo. 240 W. S. 139.] 'facts, ap which, peculiarly We find an old because of the is ease by posite Bates, representa here. In Picot v. 39 Mo. suit was filed a against tives of a an administrator to set aside false distributee whereby fraudulent settlement the distributee was defrauded her of ac in the effect that no cause share the estate. We held there to discovery also announced tion until the of the We accrued fraud. rule; against by further a a for his suit distributee share “To of Limitations administrator, holding trust, the fund in Statute the. fraud, trust, a a to a or apply. lapse does No of time is bar direct not express stat beneficiary. . . . There is no between trustee a of this provision application case particular ute here which has support in equity.” We cited kind,, and modifies the rule of We J., Barnett, 3. also 24 C. sec. Rubey case of v. [See petition that the adminis pointed have out indicates already possession the administrator is open tration still estate. was, have shotild petition and the We find the sufficient demurrer' been overruled. is reminded judgment reversed the cause of dismissal is its try petition cause

with reinstate directions to All merits. concur.

Mary Company, Weaver, Appellant, v. Norwich Pharmacal O. Company. S. W. (2d) 846. Insurance Mutual Utica April 18, One, 1941.

Division *2 appellant. William B. and Frank E. Atwood for Schneider A. A. respondents. Alexander and Albert -Miller for *4 BRADLEY, compensation $18,276 C. This is case in which is the compensation. amount claimed. The cir- commission denied (St. cuit court County) finding Louis affirmed the commission appealed. and claimant Weaver, employee;

Claimant of widow Samuel J. deceased Pharmacal Utica Company employer, Norwich was the and the Mutual Company principal Insurance defense is insurer. The resulting employee’s that the accident in the not arise out death did in the employment. course of his The accident 27, 1934, occurred November claim was filed January 15, jurisdiction 1935, but commission to declined take employee, employer, because the contract of the with the deceased However, was made in Illinois. successful in mandamus claimant was compel proceed. commission ex rel. Weaver v. State [See Compensation al., Missouri Workmen’s Commission et 95 S. W. traveling salesman, family, Deceased was a and his and he consist- ing of children, Heights, the wife and two small resided Richmond County, territory St. Louis nis included St. Louis and St. Louis County. 27, 1934, Drug November he had lunch City Hall Store, p. Street, Louis, 200 N. 12th St. about 2:45 in Rich- m., *5 Heights, up X, family mond picked neighbor he Mrs. a and friend. They Hanley drove Road, Road, west to and then north to Street Olive an improved highway, and then on Olive Street Road to Crevé west druggist got They Couer where deceased on a called order. then Road, on continued west Wild Olive Street Road to Horse Creek improved highway, also an which ran .from Olive Street Road some- Road,

what to southwest, south and mat the then east Manchester ing loop a kind of a Street Road to Road. from Olive Manchester County, Babler Park is at the the loop, of near the Franklin west end line. Deceased and X Road for Mrs. followed the Wild Horse Creek private road, 3 or miles to a road called the Hill farm which Green gravel had generally some from the which extended west Wild They on Hill farm road Horse Creek drove the Green Road. for private about a mile and left road then turned onto a one lane dirt for yards. point deceased, two or three hundred this between At o’clock, and 5 backed a short the to the left. his car distance off road The mile point Green Hill farm terminated a one-half road at about beyond road, the one lane at Wil- dirt and the latter terminated the place, yards liam a brush, Parks in ten acres of be- house about yond point'where stopped. the deceased road,

Mrs. X testified he that after deceased backed his car off the arranged advertising matter rear seat some merchandise in the they they not;” and that lost or it was discussed whether “were that cloudy day getting dark; they a roadside and was that at the remained hard;” minutes;” began very not than ten that “it to rain “more hill struck a they started down and the ear skidded and the yards Hill farm road. point tree. This was about 100 from Green the fatally as injured; When the car struck tree both were Weaver the it X was and her and several out. Mrs. thrown forward nose turned got teetli out broken and she bruised and dazed. Deceased was away body His found help, went to find but never returned. was away. gave the day autopsy next in a a field about half mile with “pulmonary congestion, pulmonary cause contusion of death as congestion; exposure and shock.” Wil- o’clock, time

Mrs. X in the car till about 7 at which remained up their driving, came Orville, liam with son, Parks and his Orville by the They away passed return from home and home. driven had car, dim- standing off road. The Weaver Weaver car while it was situation; out; got mers saw on, William Parks blocked road. house, got an X; up to his had some Mrs. walked conversation with son, in the his pass. brush his He and axe and cut the so car could Parks Mrs. X car, took home. Weaver place where morning Parks Next his son were pint they there found parked. car was Parks testified William good pretty whiskey had been some bottle, there which “looked like Q. it. whiskey teaspoon “a of it;” that about whiskey in had it its bottle; as to age this of appearance the bottle Describe the as of it out somebody just drank Why, like

newness ? A. looked it 1' ’ ’ rubber they found a Also, threw there. he said that it down car) (the it right by where they side of . . sometimes . use recently.” Orville pretty stood. like it had been used It looked other are There father. his did Parks to the effect testified same necessary not to state. circumstances *6 when and deceased X testified to the effect that she left Creve Mrs. Road get was to Manchester Couer, purpose the of the deceased over to drug get in an an order and at a store endeavor to in order call Hill got got roads farm road he confused as to on the Green that whiskey by mistake; they had no one lane dirt road the nothing improper occurred. by “Findings by commission, fact if sustained made evidence, are, fraud, ap absent conclusive competent sufficient upon determining sufficiency of which pealj in the evidence light in the finding the evidence the commission based its we consider might finding disregard which evidence favorable to the most ’’ Life finding v. Continental support a than made. different [Adams 75, l. 77, and authorities al., 417, (2d) 101 S. W. c. Ins. Co. et Mo. there cited.] from his em employee steps or aside

“When an abandons engages in work or ployment connected therewith and and duties in own, engaged receives accidental pleasure purely and while so his not arise out juries, liable the accident employer his is not because does employment.” H. employee’s in v. of and of the course [Beem 443, 100 441, l. c. Co., (2d) 85 W. 114, D. Lee Mercantile 337 Mo. S. Inc., 1108, Mo. S. W. 1044; Trail, L. R. v. Lost A. O’Dell (2d) l. c. 292.] employment for though employee from his

Even deviates there pleasures, own, yet employment if resumes his is of his he and. employment, the accident injured pursuing such resumed after while case, employment. arising is his one out of and the course of [Beem supra, 114, 85 W. l. S. c. employ finding is that The of the of the commission effect had not reached ee, Weaver, employment and he deviated from his be employment could point, where his accident, time of the it applicable cannot law said to have been resumed. And under the finding support the evidence to be there was no substantial said that of the commission. affirming the award judgment of the circuit court affirmed, is so and it denying compensation

commission should be TLyd»p Dalion, CC., concur. ordered. C., adopted foregoing opinion Bradley,

PER CURIAM: The by opinion judges All the concur. of the court.