Dennison v. Conn. Good Humor Inc.

• Decision Date: 19 March 1943
• Citation: 130 Conn. 8,31 A.2d 332
• Court: Connecticut Supreme Court
• Parties: DENNISON v. CONNECTICUT GOOD HUMOR, Inc., et al.

130 Conn. 8

31 A.2d 332

DENNISON

v.CONNECTICUT GOOD HUMOR, Inc., et al.

Supreme Court of Errors of Connecticut.

March 19, 1943.

Appeal from Superior Court, Fairfield County; O'Sullivan, Judge.

Proceeding under the Workmen's Compensation Act by Robert Dennison, claimant, opposed by Connecticut Good Humor, Inc., employer, and others. The Compensation Commissioner for the Fourth District found in favor of employer and another, and claimant appealed to the Superior Court in Fairfield County. From a judgment dismissing the appeal and affirming the award, claimant appeals.

No error.

Jeremiah D. Shea, of New Haven (David E. FitzGerald, Jr., of New Haven, on the brief), for appellant (plaintiff).

Walter T. Walsh, of New Haven, for appellees (defendants).

Before MALTBIE, C. J., and BROWN, JENNINGS, ELLS, and DICKENSON, JJ.

JENNINGS, Judge.

The finding, as corrected in the Superior Court, is summarized by the trial judge as follows: The named defendant is engaged in the business of selling a commodity known as ‘Good Humors,’ which are made of ice cream attached to sticks. These are sold by young men whom it employs, stationed at various points along the highways. The ‘Good Humors' are carried in containers and the young salesmen are known as container boys. On June 20, 1941, the plaintiff, a lad of eighteen years, entered the defendant's employ as a container boy and was instructed in the technique of the company's style of salesmanship. The plaintiff was assigned to a location on White Street, Danbury, to which, by the terms of his employment, he was taken during the morning in one of the defendant's trucks operated by Murray Zeidenberg. In addition to this task, Zeidenberg was required to park here and there along a certain route to sell ‘Good Humors' carried in the truck. He was also required to call at the plaintiff's station each evening at 6 o'clock to replenish, if necessary, the latter's supply of ‘Good Humors.’ Then, at 11 o'clock, he would pick up the plaintiff, collect such ice cream as was unsold and whatever receipts the plaintiff had in his possession from the sales made during the day and evening and the two would return to New Haven. The period of the plaintiff's employment commenced when he left the defendant's plant in New Haven and ended upon his return.

On the morning of June 30, 1941, with Zeidenberg at the wheel of the truck and the plaintiff as a passenger, they started for Danbury. While on the way, the plaintiff asked and received permission to drive the truck and, while so engaged, he ran into the rear of another vehicle headed in the same direction; as a result of the accident a bone in his arm was fractured and he was rendered incapacitated until October 18, 1941. On May 1, 1941, he had obtained a driver's license and when he first sought employment with the defendant he had asked for a truck-driving job, but an official of the company told him he was too young and inexperienced for such work. He understood why the company would not employ him as a driver and he knew he had no authority to operate the truck on the day in question.

In order to be compensable, such an injury must arise out of and in the course of the employment. General Statutes, § 5226. The commissioner and trial court concurred in concluding that the injury did not arise out of the plaintiff's employment. The finding cannot be further corrected and the question therefore is whether the subordinate facts support that conclusion.

‘The term ‘arising out of,’ in this act, points to the origin or cause of the injury. * * * An injury which is a natural and necessary...