C.E. Peterson & Co. v. Indus. Bd. of Illinois

• Decision Date: 19 December 1917
• Docket Number: No. 11558.,11558.
• Citation: 117 N.E. 1033,281 Ill. 326
• Court: Illinois Supreme Court
• Parties: C. E. PETERSON & CO. v. INDUSTRIAL BOARD OF ILLINOIS et al.

281 Ill. 326

117 N.E. 1033

C. E. PETERSON & CO.

v.INDUSTRIAL BOARD OF ILLINOIS et al.

No. 11558.

Supreme Court of Illinois.

Dec. 19, 1917.

Error to Circuit Court, Cook County; Oscar M. Torrison, Judge.

Proceedings under the Workmen's Compensation Act by Henry Knaak's administrator, claimant, against C. E. Peterson & Company, employer. To a confirmation of the award of an arbitration committee by the Industrial Board, the employer brought certiorari to the circuit court, where the award was affirmed, and the employer brings error. Reversed and remanded, with directions.Adams, Crews, Bobb & Wescott, of Chicago, for plaintiff in error.

Charles C. Spencer, of Chicago, for defendants in error.

DUNN, J.

Henry Knaak died on December 6, 1914, and on the application of his administrator a committee of arbitration made an award under the Workmen's Compensation Act against C. E. Peterson & Co. which the Industrial Board sustained, and the circuit court of Cook county on a writ of certiorari confirmed. This writ of error is prosecuted by C. E. Peterson & Co. to reverse the judgment.

The deceased, who was seventy years old, had worked for Peterson & Co. for several years running a coring saw, and his place of work was on the second floor of its factory. His last day's work was done on November 23, 1914, and the claim of his administrator is that he received an injury on that day arising out of and in the course of his employment which caused his death. He was in general good health, but had suffered for several years from varicose veins, and six or seven years before had been operated upon, but without getting relief, and he had an open sore on his leg. On November 23d he was not well, was slow with his work, had no appetite, and threw his lunch away. Work stopped at the factory at a quarter past 5 o'clock, and the lights were turned off at half past 5. Knaak did not leave with the rest of the men. A few minutes after work stopped he was seen washing at a sink. There were some pipes lying on the floor near his saw. About a half hour later the night watchman found him wandering on the second floor, apparently sick and dazed and unable to speak. He did not answer the watchman's questions why he had not gone home and whether he was sick. There was a back stairway which went down outside the building, and the watchman helped him to that and part way down, when Knaak jerked his arm and said, ‘Leave me alone.’ The watchman left him alone, telling him to hold the railing and walk slowly and holding the light for him to see the steps. However, Knaak fell when he got upon the last step, but not hard. The watchman called assistance, and Knaak was helped to his feet. He said it was not necessary to take him home; if they would bring him the right car, he would get right on and go home. When he came out of the alley his attention was called to his shoes, which were unlaced, and he tried to lace them, but looked as if he would fall over, and his companion laced them for him, Knaak saying, ‘Hurry up; the car is coming.’ He got on the car without assistance, pulling himself up by both hands. He went home alone, the trip involving two transfers, and arrived about 8 o'clock. His clothes were covered with dust and he was pale. His son asked him what was the matter, and he said, ‘The lights were out in the shop, and I stumbled and fell over some lumber.’ The deceased remained in bed in a semiconscious condition until December 6th, when he died.

The jurisdiction of the Industrial Board extends only to accidental...