Buckland v. State Comp. Comm'r., (No. 8014)

CourtSupreme Court of West Virginia
Writing for the CourtKENNA.
Citation115 W.Va. 323
PartiesRebecca Buckland v. State Compensation Commissioner et al.
Docket Number(No. 8014)
Decision Date11 September 1934

115 W.Va. 323

Rebecca Buckland
v.
State Compensation Commissioner et al.

(No. 8014)

Supreme Court of Appeals of West Virginia.

Submitted September 5, 1934.
Decided September11, 1934.


[115 W.Va. 323]

Master and Servant

An injury, resulting in death, received by an employee while traveling upon a public highway in the same manner and for like purposes as the general public travels such highway, and not in performance of his duties for his employer, is not an injury received in the course of employment within the meaning of the Workmen's Compensation Act and is, therefore, not compensable.

Proceedings by Rebecca Buckland to recover compensation for the death of W. H. Buckland, an employee of the Pond Creek Pocahontas Company. From a judgment of the State Compensation Commissioner denying compensation, the claimant appeals.

Affirmed.

Hoagland French, for appellant.

Homer A. Holt, Attorney General, and Kenneth E. Hines, Assistant Attorney General, for respondent. Sale, St. Clair & Sale, for Pond Creek Pocahontas Co.

Kenna, Judge:

W. H. Buckland was employed at the picking table on the No. 3 tipple of Pond Creek Pocahontas Company at Bartley, West Virginia. He was killed on the night of August 19, 1932, on State Route No. 83 by being struck by the eastbound Dry Fork bus, while returning to his home from his work. His dependent widow applied for compensation which was refused by the commissoner on the ground that the injury that resulted in the death of claimant's decedent was not received in the course of and

[115 W.Va. 324]

resulting from his employment. The finding was protested, a hearing held, the original decision of the commissioner affirmed by him, and this appeal prosecuted.

There is little conflict in the proof, both ex parte and at the hearing before the commissioner, and the circumstances of the employment and of the accident may be briefly stated. The tipple of No. 3 mine of the defendant company at Bartley, where decedent was employed, is located on the west side of the Dry Fork of Tug River. State Route No. 83 is on the east side of the stream and parallels it. The state road is reached from the tipple by crossing a bridge over the creek, coming first to and traveling along a dirt road that runs north almost parallel with the state route, until it connects with that highway a distance of some 200 yards from the bridge. From the point where the dirt road connects with the state route, that route follows the creek for several hundred yards almost due north, and then swings with the creek around a bend generally to the...

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14 practice notes
  • Falls v. Union Drilling Inc., No. 33907.
    • United States
    • Supreme Court of West Virginia
    • December 10, 2008
    ...of the Workmen's Compensation [672 S.E.2d 206] Act and is, therefore, not compensable." Syllabus, Buckland v. State Compensation Comm'r, 115 W.Va. 323, 175 S.E. 785 6. "Workmen's compensation law generally recognizes that an employee is entitled to compensation for an injury received while ......
  • Brown v. City of Wheeling, No. 30243.
    • United States
    • Supreme Court of West Virginia
    • July 2, 2002
    ...of his or her employment. De Constantin v. Public Service Comm'n, 75 W.Va. 32, 83 S.E. 88 (1914); Buckland v. State Compensation Comm'r, 115 W.Va. 323, 175 S.E. 785 (1931). In other words, the employee may not recover workers' compensation benefits, and the employer is not immune from a neg......
  • Williby v. West Virginia Office Ins. Com'R, No. 34455.
    • United States
    • Supreme Court of West Virginia
    • November 2, 2009
    ...employer." Brown, 212 W.Va. at 126, 569 S.E.2d at 202. This Court further held in the Syllabus of Buckland v. State Compensation Comm'r, 115 W.Va. 323, 175 S.E. 785 An injury, resulting in death, received by an employee while traveling upon a public highway in the same manner and for like p......
  • Bilchak v. State Workmen's Compensation Commissioner, Nos. 12811
    • United States
    • Supreme Court of West Virginia
    • July 1, 1969
    ...the meaning of the Workmen's Compensation Act and is, therefore, not compensable.' Syllabus, Buckland v. State Compensation Commissioner, 115 W.Va. 323 (175 S.E. [153 W.Va. 289] Charles D. Bell, Wellsburg, for appellants. Pinsky, Mahan, Barnes & Watson, Raymond A. Hinerman, Wellsburg, for a......
  • Request a trial to view additional results
14 cases
  • Falls v. Union Drilling Inc., No. 33907.
    • United States
    • Supreme Court of West Virginia
    • December 10, 2008
    ...of the Workmen's Compensation [672 S.E.2d 206] Act and is, therefore, not compensable." Syllabus, Buckland v. State Compensation Comm'r, 115 W.Va. 323, 175 S.E. 785 6. "Workmen's compensation law generally recognizes that an employee is entitled to compensation for an injury received while ......
  • Brown v. City of Wheeling, No. 30243.
    • United States
    • Supreme Court of West Virginia
    • July 2, 2002
    ...of his or her employment. De Constantin v. Public Service Comm'n, 75 W.Va. 32, 83 S.E. 88 (1914); Buckland v. State Compensation Comm'r, 115 W.Va. 323, 175 S.E. 785 (1931). In other words, the employee may not recover workers' compensation benefits, and the employer is not immune from a neg......
  • Williby v. West Virginia Office Ins. Com'R, No. 34455.
    • United States
    • Supreme Court of West Virginia
    • November 2, 2009
    ...employer." Brown, 212 W.Va. at 126, 569 S.E.2d at 202. This Court further held in the Syllabus of Buckland v. State Compensation Comm'r, 115 W.Va. 323, 175 S.E. 785 An injury, resulting in death, received by an employee while traveling upon a public highway in the same manner and for like p......
  • Bilchak v. State Workmen's Compensation Commissioner, Nos. 12811
    • United States
    • Supreme Court of West Virginia
    • July 1, 1969
    ...the meaning of the Workmen's Compensation Act and is, therefore, not compensable.' Syllabus, Buckland v. State Compensation Commissioner, 115 W.Va. 323 (175 S.E. [153 W.Va. 289] Charles D. Bell, Wellsburg, for appellants. Pinsky, Mahan, Barnes & Watson, Raymond A. Hinerman, Wellsburg, for a......
  • Request a trial to view additional results

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