Corp v. Joplin Cement Co., 7782
| Decision Date | 02 May 1959 |
| Docket Number | No. 7782,7782 |
| Parties | Pauline Grace CORP, Carl Eugene Corp, Paula Marie Corp and Sue Beth Corp, Claimants-Appellants, v. JOPLIN CEMENT CO. and Phoenix Assurance Co. of New York, Defendants-Respondents. |
| Court | Missouri Court of Appeals |
Robert P. Warden, William C. Myers, Jr., Webb City, for claimants-appellants.
Richart & Titus, Joplin, for defendants-respondents.
When Carl D. Corp was killed in a vehicular accident in Jasper County, Missouri, on June 16, 1956, he left surviving a pregnant widow, Pauline Grace Corp, and two minor children, Carl Eugene, then four years old, and Paula Marie, then about nine months old. The widow's pregnancy was terminated on December 6, 1956, by the birth of Sue Beth. In this proceeding for maximum death benefits under the Missouri Workmen's Compensation Law, the widow and three minor children appeal from a judgment of the Circuit Court of Jasper County affirming the final award of the Industrial Commission of Missouri which denied compensation because (as both the referee in the first instance and the Industrial Commission on review found) the vehicular accident causing Corp's death did not arise out of and in the course of his employment. Section 287.120 RSMo 1949, V.A.M.S.
The appeal initially was taken to, and lodged in, the Supreme Court of Missouri. Misinterpreting the scope and effect of the opinion in Snowbarger v. M. F. A. Central Cooperative, Mo. (banc), 317 S.W.2d 390, which was handed down before the instant case was briefed and submitted on appeal, all interested counsel in this case joined in a stipulation and motion to transfer the cause to the Springfield Court of Appeals; and, on the same day that stipulation was filed, to-wit, on December 29, 1958, an order of transfer was entered by the Supreme Court. But, the tranquil repose of the file and transcript in the office of our clerk pending briefs and submission here has been interrupted by presentation to us of a 'Joint Stipulation and Motion to Retransfer Cause to the Supreme Court' in which counsel for claimants (appellants) and for the employer and insurer (respondents) agree and urge upon us that 'the facts in the present case are identical' with those in Gennari v. Norwood Hills Corporation, Mo., 322 S.W.2d 718 in which an opinion was handed down by Division 2 on March 9, 1959, and that, under the Gennari opinion, we have no appellate jurisdiction and the case should be retransferred to the Supreme Court.
Desirous as we are that we should not impinge upon the jurisdiction which our Supreme Court presently believes that it has in workmen's compensation cases, and willing as we may be that no stumbling block...
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Corp v. Joplin Cement Co.
...appeal from the judgment of the circuit court is before us on transfer from the Springfield Court of Appeals. Corp v. Joplin Cement Co., Mo.App., 323 S.W.2d 385. At the time the employee was killed, the maximum death benefits were $12,400. Section 287.240 RSMo 1949, V.A.M.S. The notice of a......