Globe Indemnity Co. v. Industrial Accident Commission

The indemnity company petitioner brought this proceeding for the purpose of obtaining a review of the evidence and findings made by the Industrial Accident Commission under which an award was entered.

Defendants Singleton and Haskell were copartners engaged in the dairy business. Petitioner was the insurance carrier. In September, 1918, A. B. Schrock, by occupation a carpenter, was employed by the copartners. He had been so employed at intervals for a considerable length of time doing cement and carpenter work as required. In the month mentioned he had built a silo on the dairy farm of the copartners and, after a short interval, was called to build a second silo, upon which he was working when the scaffolding gave away, precipitating him to the bottom of the structure and causing a fracture of the skull, from which he died. Compensation was asked for on the part of the widow and minor children and an award was made against the Indemnity Company here complaining.

[1] The first point made is that the engagement of the deceased was both casual and not in the course of the business or occupation of his employers. That it was casual may be admitted; that it was in the course of the…