London Guarantee & Accident Co. v. Hoage
| Decision Date | 25 June 1934 |
| Docket Number | No. 6152.,6152. |
| Citation | 72 F.2d 191,63 App. DC 323 |
| Parties | LONDON GUARANTEE & ACCIDENT CO., Limited, v. HOAGE, Deputy Com'r, et al. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Edwin A. Swingle and Ernest A. Swingle, both of Washington, D. C., for appellant.
Martin F. O'Donoghue and Leslie C. Garnett, U. S. Atty., both of Washington, D. C., for appellee.
Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, and GRONER, Associate Justices.
This case arises under the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424 33 USCA §§ 901-950), made applicable to the District of Columbia by act of May 17, 1928 (45 Stat. 600, D. C. Code 1929, T. 19, §§ 11, 12, 33 USCA § 901 note).
A claim for compensation was filed with the United States Employees' Compensation Commission by Adaline Curtin as the widow of George H. Curtin, deceased, upon a claim that her husband, while in the employ of an employer as a bread baker, sustained personal injuries which arose out of and occurred in the course of his employment and resulted in his death.
The deputy commissioner after hearing the testimony awarded compensation to the widow. The lower court sustained this finding and dismissed a petition filed by appellant herein for an injunction. From this decree the appellant, being the insurance carrier, has appealed to this court.
It is contended by appellant that the finding of the deputy commissioner is wholly unsupported by evidence, and therefore that his decision was contrary to law and should be set aside.
The evidence introduced before the deputy commissioner tends to show that the decedent was 51 years of age at the time of his death; that he was employed as a bread baker at the time of his death; that he left home for his work on the afternoon of January 5, 1933, at about half past 1 o'clock in apparently good health except for a slight cold; that he commenced his work at about 2 o'clock; that at about 4 o'clock he had his dough made up for about 400 loaves of bread, and after it had risen he went to the oven to run the bread in by means of a so-called "peel," which has the shape of a long-handled paddle; that he was assisted in this work by one Gooding, a fellow employee, who put the bread upon the peel for Curtin; that on that afternoon all the doors and windows of the workroom in which deceased was working were closed and the temperature in the room ranged from 80 to 90 degrees, but the temperature in front of the...
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