Alexandria Metal Products Company v. Newsome
| Decision Date | 10 May 1933 |
| Docket Number | 14,888 |
| Citation | 185 N.E. 520,97 Ind.App. 420 |
| Parties | ALEXANDRIA METAL PRODUCTS COMPANY v. NEWSOME |
| Court | Indiana Appellate Court |
Rehearing denied September 28, 1933.
From Industrial Board of Indiana.
Proceedings under the Workmen's Compensation Act by Carrie Newsome as sole dependent of Gaston Newsome, deceased employee, against Alexandria Metal Products Company, employer. From an award granting compensation, defendant appealed.
Reversed.
W. E Hart and Bagot, Free & Morrow, for appellant.
J. E Hall, J. C. Marshall and Keltner, Mays & Johnson, for appellee.
This appeal is from an award made by a majority of the full Industrial Board of Indiana in favor of appellee as an alleged dependent of one Gaston Newsome, now deceased.
On the night of March 2, 1932, the said decedent was an employee of appellant acting as night watchman at its factory, and on that night he was killed, his death being caused by a bullet wound inflicted by an unknown assailant.
The error assigned and relied upon for reversal is that the award is contrary to law.
Appellant admits the employment but contends that the evidence is not sufficient to prove that the death was the result of an accident arising out of and in the course of the employment or to establish dependency of appellee.
The finding of facts made by the board is sufficient to sustain the award and the only question presented is as to the sufficiency of the evidence to sustain the finding of facts.
The only evidence relevant to the death of the decedent, or the manner in which he met his death, is as follows: Between ten-thirty and eleven o'clock on the night of said March 2nd, the police of the city of Alexandria were notified by telephone that there had been "some shooting" at the plant of appellant, and two police officers, within two or three minutes after the telephone call had been received arrived at the factory of appellant where they discovered the deceased lying on the floor of appellant's office, dying from the effect of a bullet wound which he had received. No person, other than the deceased, was present when the officers arrived. A doctor and an ambulance were called but death occurred before the doctor reached the factory, and, so far as the record discloses the deceased died without speaking. His body was taken to the morgue and thereafter a coroner's inquest held, resulting in a verdict of homicide. There is also evidence to establish that the office building of appellant where decedent was found was located "some feet" back from a fence along the property line of the factory; that the deceased was employed as a night watchman for the factory on the night of his death; that there was a "railing" in the office with a gate through which any person would pass in going into the inner office, and decedent, when found by the police, was lying on his back in the "inner office" with his feet through the railing; that a thirty-two automatic gun, with its magazine full of loaded shells, was about a foot from his left hand; that several investigations...
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