Bd. of Educ. of City of Chicago v. Indus. Comm'n

• Decision Date: 23 April 1926
• Docket Number: No. 16187.,16187.
• Citation: 151 N.E. 499,321 Ill. 23
• Parties: BOARD OF EDUCATION OF CITY OF CHICAGO v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

321 Ill. 23

151 N.E. 499

BOARD OF EDUCATION OF CITY OF CHICAGO

v.INDUSTRIAL COMMISSION et al.

No. 16187.

Supreme Court of Illinois.

April 23, 1926.

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

Proceeding under the Workmen's Compensation Act by Marie G. McDermott and others for the death of Thomas J. McDermott, opposed by the Board of Education of the City of Chicago. Award of compensation by the Industrial Commission was confirmed by the circuit court, and the Board of Education brings error.

Judgment reversed.

Frank S. Righeimer, of Chicago (John A. Cooke and Frank F. Trunk, both of Chicago. of counsel), for plaintiff in error.

Augustine J. Bowe and William J. Bowe, both of Chicago, for defendants in error.

DUNCAN, J.

The circuit court of Cook county confirmed an order of the Industrial Commission awarding compensation to Marie G. McDermott, widow, and Marie and Thomas McDermott, minor children of Thomas J. McDermott, deceased, for $16 per week for a period of 265 weeks and in addition thereto one week at $10, as provided for in paragraph (a) of section 7 of the Compensation Act (Smith-Hurd Rev. St. 1923, c. 48, § 144), and against the board of education of the city of Chicago, plaintiff in error. This court, on petition, allowed a writ of error for a review of the record.

Thomas J. McDermott at and previous to his death was in the employ of plaintiff in error as engineer-custodian of the Bryant school, in the city of Chicago. His duties were to superintend the heating, ventilating, cleaning, and janitor work in the building and general supervision of the school property. On Saturday, April 21, 1923, McDermott was accidently injured by the falling of a scuttle hole cover from the roof of the school building while engaged in repairing his automobile in a public alley at the rear of the school building where he was employed, and died from the result of the injury on the same day, leaving him surviving Marie G. McDermott, widow, and Marie McDermott and Thomas McDermott, his children, aged 15 and 14 years, respectively.

The following is the substance of the facts in the record concerning the accidental injury: About 9 o'clock in the morning of said date the deceased left his home in his automobile, arriving at the Bryant school building shortly thereafter. The car used and driven by him to the school building was his private property, and plaintiff in error had nothing to do with his transportation to and from his place of employment. Upon arriving at the school building the deceased parked his car in a public alley to the east and at the rear of ths school building and south of the boiler room door near the alley. He went into the boiler room and instructed on Brunclik, a fireman under his supervision who was just leaving the school premises, to drain the alcohol from the radiator of his car. The deceased was required to be on duty at the school building on Saturdays from about 8 o'clock in the morning until 10 o'clock in the morning. On arrival on the morning that he was killed he did not change his street clothing for his work clothes, as was his custom. The deceased went into the alley with Brunclik and stood alongside of the hood of his car while Brunclik drained the alcohol from the radiator. He then raised the hood of the car, and, assisted by Brunclik, ‘tinkered’ with the engine. Brunclik left while the deceased was thus engaged. After Brunclik left, the deceased was seen by another employee who was going to the boiler room for a brush, standing by the automobile, with the hood raised and his hand under the hood. McDermott was in that position when last seen alive. The same employee, one Durand, had seen the deceased in that position upon his return from the boiler room to the place where he was at work. In a few minutes thereafter a boy came running to Durand and told him that a man was lying in the alley. Durand went to the automobile and found McDermott lying in the alley about three feet from his car, and at right angles to it. The hood of the automobile was still raised. There was a gash in McDermott's head, and his head was...