Corvi v. Stiles & Reynolds Brick Co.

Decision Date17 October 1925
Citation103 Conn. 449,130 A. 674
CourtConnecticut Supreme Court

Appeal from Superior Court, Hartford County; Allyn L. Brown, Judge.

Proceeding under the Workmen's Compensation Act by Ermina Corvi and others for the death of her husband, opposed by the Stiles &amp Reynolds Brick Company, employer, and others. From a decision of Compensation Commissioner for the First District, making award for plaintiffs, appeal was taken by defendants to the superior court, and reserved by that court for the advice of the Supreme Court of Errors. Judgment entered confirming award of commissioner.

The commissioner found as follows:

The decedent was employed in a brickmaking establishment conducted by the defendant brick company, on land lying in part in Berlin and in part in New Britain. This land lies adjacent to the main line of the New York, New Haven &amp Hartford Railway Company, Hartford Division, on the easterly side thereof. Many employees of the brick company live upon South street in New Britain, on the westerly side of the railway track, and they approach and leave the plant along a well-traveled path which is located as follows: Beginning on the southerly side of South street, it runs in a southerly direction across the land of one Holmes to the westerly side of the railroad tracks; thence over a beaten path along the side of the tracks, in all about 1,500 feet, to a point opposite the plant; the employees then cross the tracks at a favorable opportunity and enter the plant. One Ronketti, a foreman of the brick company, had lived on South street about 10 1/2 years while so employed, and had always used such path in going to and from work, and the decedent had often accompanied the foreman. The employees living on South street also could have reached the plant by going easterly along South street, across the tracks over a bridge, and thence easterly to Christian lane, so-called, and thence southerly along Christian lane to the plant. The way along the path above described was the shorter route in distance and in time saved from 5 to 7 minutes.

On March 21, 1925, decedent left the plant of the employer respondent at about 12 o'clock noon, the usual hour, went home, had his dinner, and left home as was his usual custom at about 12:45 o'clock to return to work. He went across Holmes' land from South Street, along the diagonal beaten path hereinbefore described, thence along the railroad path on the westerly side of the tracks to a point about opposite respondent's plant. When he reached this point, which was around 1 o'clock, the hour for resuming the afternoon work, a switch engine was working on a siding near by apparently shunting cars, and the commissioner finds that it was making some degree of noise. Decedent was seen to start across the track from the westerly side. A south-bound train operating on the railroad struck him and caused injuries from which he died shortly afterwards. The deceased did not notice the approach of the train because of the...

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44 cases
  • Lamm v. Silver Falls Timber Co.
    • United States
    • Oregon Supreme Court
    • March 18, 1930
    ... ... St. Regis ... Paper Co., 179 A.D. 555, 166 N.Y.S. 874 and Corvi v ... Stiles & Reynolds Brick Co., 103 Conn. 449, 130 A. 674 ... ...
  • Pillen v. Workmen's Comp. Bureau
    • United States
    • North Dakota Supreme Court
    • February 23, 1931
    ...v. E. Horton & Sons, 95 Conn. 408, 111 A. 594;Merlino v. Connecticut Quarries Co., 93 Conn. 57, 104 A. 396;Corvi v. Stiles & R. Brick Co., 103 Conn. 449, 130 A. 674;Starr Piano Co. v. Industrial Accident Commission, 181 Cal. 433, 436-438, 184 P. 860; Sundine's Case, 218 Mass. 1, 105 N. E. 4......
  • Burchett v. Anaconda Copper Mining Co.
    • United States
    • Idaho Supreme Court
    • December 20, 1929
    ... ... or returning from his work." ... In ... Bountiful Brick Co. v. Giles, 276 U.S. 154, 48 S.Ct ... 221, 222, 72 L.Ed. 507, the ... (Zurich General Accident Co. v ... Brunson, 15 F.2d 906; Corvi v. Stiles & Reynolds ... Brick Co., 103 Conn. 449, 130 A. 674; Employers ... ...
  • Pillen v. The Workmen's Compensation Bureau of State
    • United States
    • North Dakota Supreme Court
    • February 23, 1931
    ... ... private grounds, is the case of Bountiful Brick Co. v ... Giles, 68 Utah 600, 251 P. 555, affirmed in 276 U.S ... Connecticut Quarries Co. 93 Conn. 57, 104 A. 396; ... Corvi v. Stiles & R. Brick Co. 103 Conn. 449, 130 A ... 674; Starr Piano Co ... ...
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