104 A. 491 (Conn. 1918), Robinson v. State

Citation:104 A. 491, 93 Conn. 49
Opinion Judge:BEACH, J.
Party Name:ROBINSON v. STATE.
Attorney:Harrison Hewitt and Charles E. Clark, both of New Haven, for appellant. George E. Hinman, Atty. Gen., and Jacob P. Goodhart, of New Haven, for the State.
Case Date:July 23, 1918
Court:Supreme Court of Connecticut
 
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Page 491

104 A. 491 (Conn. 1918)

93 Conn. 49

ROBINSON

v.

STATE.

Supreme Court of Errors of Connecticut.

July 23, 1918

         Appeal from Superior Court, New Haven County; William S. Case, Judge.

         Proceeding by Julia A. Robinson under the Workmen's Compensation Act, to obtain compensation for the death of her son, Alderbert Robinson, deceased, opposed by the State of Connecticut. The compensation commissioner disallowed the claim, and the superior court confirmed the award, and the claimant appeals. Error and cause remanded.

         This is a proceeding under the Workmen's Compensation Act (Pub. Acts 1913, c. 138) by Julia A. Robinson, mother and dependent of Alderbert Robinson, deceased, against the [93 Conn. 50] Highway Department of the state. Robinson was an assistant foreman of the state Highway Department, and at the time of the injury which caused his death was employed as working foreman of a gang of workmen engaged in repairing the state highway between North Haven and Wallingford, by patching the same with broken stone and oil. He was at work on the easterly side of the middle of the roadway behind a dumpcart, which obstructed to some extent the view of travelers approaching from the north. While so engaged one Palmer drove an automobile delivery wagon in a southerly direction past the place where Robinson was at work, and waved his hand to him, calling " Hello, Dell." Palmer was an old friend of Robinson, knew that he was working somewhere along the road, and intended to have a talk with him, if opportunity occurred. For this purpose Palmer stopped his car on the extreme westerly edge of the road, looked back for an instant, and saw that Robinson was walking diagonally across the road toward him, moving quickly, with his head down. While so crossing the road Robinson was struck and killed by a touring car driven southerly along the highway. The commissioner dismissed the claim on the ground that the injury did not arise out of and in the course of Robinson's employment, and the superior court on appeal ratified and confirmed the commissioner's award. This appeal assigns as error the refusal of the superior court to correct the findings of the commissioner in certain respects, and that the court erred in confirming the award of the commissioner on the facts found.

          Harrison Hewitt and Charles E. Clark, both of New Haven, for appellant.

         George E. Hinman, Atty. Gen., and Jacob...

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