Buckland v. State Comp. Com'r, No. 8014.

CourtSupreme Court of West Virginia
Writing for the CourtKENNA
Citation175 S.E. 785
PartiesBUCKLAND. v. STATE COMPENSATION COM'R et al.
Docket NumberNo. 8014.
Decision Date11 September 1934

175 S.E. 785

BUCKLAND.
v.
STATE COMPENSATION COM'R et al.

No. 8014.

Supreme Court of Appeals of West Virginia.

Sept. 11, 1934.


Syllabus by the Court.

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 (Code 1931, 23-1-1 et seq.) and is, therefore, not compensable.

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

Affirmed.

[175 S.E. 786]

Hoagland French, of Welch, for appellant.

Homer A. Holt, Atty. Gen., and Kenneth 13. Hines, Asst. Atty. Gen., for respondent

Sale, St. Clair & Sale, of Welch, for Pone Creek Pocahontas Co.

KENNA, Judge.

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

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16 practice notes
  • Falls v. Union Drilling Inc., No. 33907.
    • United States
    • Supreme Court of West Virginia
    • 10 Diciembre 2008
    ...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 traveling on beha......
  • Brown v. City of Wheeling, No. 30243.
    • United States
    • Supreme Court of West Virginia
    • 2 Julio 2002
    ...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 negligence action......
  • Longwell v. BOE OF COUNTY OF MARSHALL, No. 30987.
    • United States
    • Supreme Court of West Virginia
    • 6 Mayo 2003
    ...prosecuting attorneys are to "regard all laws as constitutional, until the same are declared to be otherwise." Lively, 115 W.Va. at 317, 175 S.E. at 785. Therefore, the Court concluded, "in order to secure disinterested advice concerning its legal status, if any, [the board] must of necessi......
  • Williby v. West Virginia Office Ins. Com'R, No. 34455.
    • United States
    • Supreme Court of West Virginia
    • 2 Noviembre 2009
    ...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 purposes as the gen......
  • Request a trial to view additional results
16 cases
  • Falls v. Union Drilling Inc., No. 33907.
    • United States
    • Supreme Court of West Virginia
    • 10 Diciembre 2008
    ...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 traveling on beha......
  • Brown v. City of Wheeling, No. 30243.
    • United States
    • Supreme Court of West Virginia
    • 2 Julio 2002
    ...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 negligence action......
  • Longwell v. BOE OF COUNTY OF MARSHALL, No. 30987.
    • United States
    • Supreme Court of West Virginia
    • 6 Mayo 2003
    ...prosecuting attorneys are to "regard all laws as constitutional, until the same are declared to be otherwise." Lively, 115 W.Va. at 317, 175 S.E. at 785. Therefore, the Court concluded, "in order to secure disinterested advice concerning its legal status, if any, [the board] must of necessi......
  • Williby v. West Virginia Office Ins. Com'R, No. 34455.
    • United States
    • Supreme Court of West Virginia
    • 2 Noviembre 2009
    ...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 purposes as the gen......
  • Request a trial to view additional results

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