Blankinship Logging Co. v. Brown, No. 4-8430.

• Court: Supreme Court of Arkansas
• Writing for the Court: Millwee
• Citation: 208 S.W.2d 778
• Parties: BLANKINSHIP LOGGING CO. et al. v. BROWN.
• Decision Date: 09 February 1948
• Docket Number: No. 4-8430.

Page 778

208 S.W.2d 778 BLANKINSHIP LOGGING CO. et al.
v.
BROWN. No. 4-8430. Supreme Court of Arkansas. February 9, 1948. Rehearing Denied March 15, 1948.

Appeal from Circuit Court, Cleveland County; John M. Golden, Judge.

Proceeding under the Workmen's Compensation Act by Bertha Mae Brown, claimant, opposed by the Blankinship Logging Company, claimant, and its insurance carrier, to recover compensation for the death of claimant's deceased husband. After hearing before a commissioner, the claimant was awarded maximum benefits, and the employer and insurance carrier obtained a hearing before the full commission. The full commission rendered the same award as the commissioner, and the employer and insurance carrier appealed to the circuit court. From a judgment of the circuit court affirming the award, the employer and insurance carrier appeal.

Judgment affirmed.

J. Ed Morneau, of Texarkana, for appellants.

DuVal L. Purkins, of Warren, for appellee.

MILLWEE, Justice.

Henry Brown had been employed by appellant, Blankinship Logging Co., as a log cutter for about eight years on October 18, 1946, when he was killed in the wreck of a truck belonging to the company. Appellee, Bertha Mae Brown, is the widow of Henry Brown and filed a claim with the Workmen's Compensation Commission on behalf of herself and their six minor children. The logging company is owned and operated by G. R. Blankinship and will hereinafter be referred to as "Blankinship."

The claim was resisted by Blankinship and the insurance carrier and, after a hearing before Commissioner Riffel at Warren, Arkansas, appellee was awarded the maximum benefits under the compensation law on February 21, 1947. At the request of the employer and insurance

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carrier additional evidence was presented at a hearing before the full Commission which resulted in the same award as made by Commissioner Riffel. On appeal to the circuit court the award was affirmed and appellee was allowed interest thereon at the rate of 6% from May 19, 1947, the date of the award by the full Commission.

Appellant's principal contention for reversal of the judgment is that the death of Henry Brown did not arise "out of and in the course of employment" as required by our Workmen's Compensation Law, Sec. 2 (f) of Act 319 of 1939. In determining whether there was substantial evidence to support the findings of the Commission on this issue, we must view the facts in the light most favorable to support the award. J. L. Williams & Sons, Inc., v. Smith, 205 Ark. 604, 170 S.W.2d 82; Elm Springs Canning Co. v. Sullins, 207 Ark. 257, 180 S.W.2d 113.

We summarize the facts as follows: About two months prior to Brown's death Blankinship began a logging operation about 14 miles from Crossett, Arkansas which is located about 60 miles south of Warren, Arkansas. Blankinship's place of business was located at Warren where most of the logging crew resided. Blankinship furnished a truck which was used in transporting the crew to Crossett on Sunday evenings. The crew remained in Crossett during the work week and the truck was used in transporting the crew to and from the log woods. On Friday evening the crew returned to Warren in the same truck. Tyree Crane, a saw filer, drove the truck until about three weeks prior to the death of Henry Brown. Crane lived about 10 miles north of Warren and kept the truck at his home from Friday night until Sunday night each week.

When Tyree Crane signified his intention to quit work, Joe Woodward was employed in his place as saw filer. Woodward lived at Fordyce, Arkansas, about 30 miles northwest of Warren. After Tyree Crane terminated his employment, Henry Brown started driving the truck daily between Crossett and the log woods and on the week-end trips to Warren. At that time all members of the crew except Woodward and Mack Crane lived at Warren. On Friday night following Woodward's employment Brown drove the truck to Warren and employees living there were let out near their homes. Brown then proceeded to Fordyce where he delivered Woodward to his home and returned to Warren where the truck was kept over the week-end. On the following Sunday Brown drove to Fordyce for Woodward, and other members of the crew boarded the truck at Warren and the truck proceeded to Crossett. The same procedure was followed the following week except that Mack Crane was picked up near his home several miles north of Warren and on the highway between Warren and Fordyce.

On Friday, October 18, 1946, the crew arrived in Warren from Crossett about 9 P. M. with Henry Brown driving the truck. All of the crew except Woodward, Mack Crane and Tom Cook, Brown's neighbor, left the truck near their homes in Warren. Brown stopped at his home for a few minutes and then drove to Fordyce where Woodward was delivered to his home shortly before midnight. The truck was then driven back toward Warren until it reached New Edinburg where it turned east to the Crane community and Mack Crane was let out of the truck. Brown and Tom Cook proceeded toward Warren and the truck became involved in a wreck...