City of Huntington v. Fisher

• Citation: 39 N.E.2d 487
• Decision Date: 13 February 1942
• Docket Number: 16855.
• Parties: CITY OF HUNTINGTON v. FISHER.
• Court: Court of Appeals of Indiana

39 N.E.2d 487

CITY OF HUNTINGTON v. FISHER.

No. 16855.

Appellate Court of Indiana, in Banc.

February 13, 1942

Opinion Superseded April 6, 1942.

Appeal from Industrial Board.

Proceeding under the Workmen's Compensation Act Burns' Ann.St. § 40-1201 et seq. by Icy D. Fisher, claimant, opposed by the City of Huntington, Ind., employer. From an award of the Industrial Board granting compensation, the employer appealed to the Supreme Court which remanded the proceedings, 39 N.E.2d 139, to the Appellate Court.

Reversed with instructions.

Mart J. O'Malley, of Huntington (Lawrence E. Carlson, of Huntington, of counsel), for appellant.

Bowers, Feightner & Palmer, of Huntington, for appellee.

BLESSING, Judge.

This is an appeal from an award of the Industrial Board, granting compensation to appellee, the surviving widow and sole dependent of Isaac Fisher, who was a member of the fire department of the City of Huntington, Indiana, and who was killed while in the discharge of his duty.

The only assignment of error which requires our attention is that the award is contrary to law.

The precise question involved in this case was before this court in the case of City of Fort Wayne v. Hazelett, 1939, 107 Ind.App. 184, 23 N.E.2d 610. On the authority of the above case this cause is reversed with instructions to the Industrial Board to deny compensation. The death of the appellee having been suggested subsequent to the taking of this appeal, this cause is reversed as of the date of submission.

STEVENSON, J., dissenting.