Bendett v. Mohican Co.

• Decision Date: 01 March 1923
• Citation: 120 A. 148,98 Conn. 544
• Court: Connecticut Supreme Court
• Parties: BENDETT ET AL. v. MOHICAN CO. ET AL.

120 A. 148

98 Conn. 544

BENDETT ET AL. v. MOHICAN CO. ET AL.

Supreme Court of Errors of Connecticut.

March 1, 1923

Case Reserved from Superior Court, New London County; Newell Jennings, Judge.

Proceedings under the Workmen's Compensation Act by Tillie Bendett and others against the Mohican Company and others. From a finding and an award of the compensation commissioner for plaintiffs, defendants appeal to the superior court, and that court reserves the case for the advice of the Supreme Court of Errors. Superior court advised to dismiss the appeal.

DeLancey S. Pelgrift, of Hartford, for appellants.

Walter J. Walsh, of New Haven (Daniel Keogh and Wm. J. Carrig, both of New Haven, on the brief), for appellee.

CURTIS, J.

The finding discloses that Tillie Bendett, the claimant, is the widow of the decedent, David Bendett, who was employed at the time of his death as a meat buyer by the Mohican Company of New York, which company has branch stores in Norwich, New London, and Westerly, R. I., and other places.

Mr Bendett lived with his family in Norwich, and made trips from Norwich to New London or Westerly, R. I., as he found necessary, his chief duty being to keep the three stores named, Norwich, New London, and Westerly, supplied with meat as required by their trade. His position and duties as meat buyer required that Mr. Bendett should call at the Norwich store in the morning and look over their supply of meat and ascertain their needs for the immediate future. This was also true of the New London store, but it was left to Mr Bendett's judgment as to how often he should visit the Westerly branch. There were no specified hours per day during which he was employed. It was his custom to leave the Norwich store about 8 a. m. and return to it at 5 p. m. or later at night. He was paid $30 cash per month for a commutation ticket for use between Norwich and New London on his daily trips for the defendant. He was paid in cash for transportation whenever he visited the Westerly store for the defendant.

About nine months before his death Mr. Bendett purchased an automobile for pleasure, which he also used in his business when trains were not available. The defendant knew that he used his automobile at times instead of trains on the defendant's business. It was also known at the Norwich store that he occasionally delivered meat to that store in his automobile.

On the evening of November 16, 1921, he went in his automobile to New London, and was engaged in buying meat for the New London store until about 10:30 o'clock, when he started for his home in Norwich in his automobile. About 11:40 that night his car passed another automobile on its way to Norwich about 2 miles north of New London. About 11:45 the Bendett car was found in a demolished condition on the right-hand side of the road to Norwich. The car appeared to have skidded. It is not found what caused the accident. When Mr. Bendett left New London it was getting foggy, and at the time of the accident it was raining hard, and the roads were very slippery. Mr. Bendett was seriously injured in the accident, and died as a result of his injuries at a hospital in Norwich on November 20, 1921.

When the car of Mr. Bendett passed this car at 11:40, it was being driven at a speed between 35 and 40 miles an hour. The decedent used his own automobile at such times as he could not use trains, which saved time and accrued to the employer's benefit, and it was done for his employer's interests, even ...