Atlas Brewing Co. v. Indus. Comm'n

• Decision Date: 04 December 1924
• Docket Number: No. 15963.,15963.
• Citation: 145 N.E. 387,314 Ill. 196
• Parties: ATLAS BREWING CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

314 Ill. 196

145 N.E. 387

ATLAS BREWING CO.

v.INDUSTRIAL COMMISSION et al.

No. 15963.

Supreme Court of Illinois.

Oct. 28, 1924.

Rehearing Denied Dec. 4, 1924.

Error to Circuit Court, Cook County; Harry M. Fisher, Judge.

Proceeding under the Workmen's Compensation Act by Mary Adamek for the death of her husband, Rudolph Adamek, opposed by the Atlas Brewing Company, employer. On certiorari, circuit court set aside Industrial Commission's decision in favor of employer, and employer brings error.

Reversed.

Barthell, Fitts & Rundall, of Chicago, for plaintiff in error.

C. Helmer Johnson and Urban P. Gallagher, both of Chicago, for defendants in error.

HEARD, J.

Mary Adamek, widow of Rudolph Adamek, deceased, filed an application for compensation under the Workmen's Compensation Act (Smith-Hurd Rev. St. 1923, c. 48, §§ 138-172), on account of the death of her husband, which she alleged was caused by an accident arising out of and in the course of his employment by plaintiff in error. A hearing was had before an arbitrator of the Industrial Commission, which resulted in a finding that the death of Adamek was not the result of an accidental injury which arose out of and in the course of the employment. A petition for a review of this finding was filed before the Industrial Commission and a hearing was had, at which additional evidence was introduced. This hearing resulted in the affirmance of the findings of the arbitrator. A writ of certiorari was sued out of the circuit court of Cook county to review the finding of the Industrial Commission. The circuit court set aside the decision of the Industrial Commission, found that deceased sustained accidental injuries which arose out of and in the course of his employment, and made an award of $13.75 a week for a period of 290 weeks and $12.50 for one fraction of a week. A writ of error was allowed from this court, and the record is now here for review.

Deceased lived at 1124 South Lincoln street, Chicago, with his wife and three children. He had been employed by the Atlas Brewing Company for about 30 years, and for more than a year prior to his death had been earning $25 per week. His hours of work were between 6 o'clock in the evening and 5:30 the following morning. His duties consisted in acting as a watchman in the barn of the brewing company, which was located across the alley from the main plant. He was required to pull two American District Telegraph boxes each hour. One of the boxes was located in the hayloft, on the second floor, and the other on the first floor of the barn. In addition to his duties as a watchman, when occasion required, he cleaned the harness, curried about 10 horses, and cleaned the stable, before leaving in the morning. On the evening of April 6, 1922, he reported for work as usual. At midnight he went to the office, as was his custom, and between the hours of twelve and one ate his lunch with John Spevacek, the other night watchman at the brewery. Adamek did not talk much that night nor was he accustomed to talk much. At 1 o'clock he left the office to pull the boxes in the barn, returning to the office, where he fell asleep. At a quarter of 2, Spevacek awakened him and told him to pull the 2 o'clock box which he did, but failed to return to the office. Shortly after 3 o'clock on the morning of April 7, 1922, Joseph Rout, a policeman of the American District Telegraph Company, was advised by his office that Adamek had failed to pull his boxes at 3 o'clock, and was directed to investigate and report. Rout went to the brewery, advising Spevacek of his mission. He found Adamek's dead body hanging in the barn. He immediately summoned police officers, who, with Rout and Spevacek, took down the body. The body was still warm, and it was evident that death was caused by strangulation.

It is admitted that deceased came to his death in the course of his employment, and the only question involved in this case is whether or not his death arose out of his employment.

Three theories have been advanced in the argument as to the cause of the death: First, that Adamek, in attempting to take down a harness hanging on the wall, for the purpose of cleaning it, slipped, and in his fall became entangled in one of the lines, which caused his strangulation; second, that the door of the barn being open some other person entered and for some purpose unknown bound Adamek in such a way that he became strangled; and third, that he committed...