Granite Sand & Gravel Co. v. Willoughby

• Decision Date: 08 May 1919
• Docket Number: No. 10492.,10492.
• Citation: 70 Ind.App. 112,123 N.E. 194
• Court: Indiana Appellate Court
• Parties: GRANITE SAND & GRAVEL CO. v. WILLOUGHBY et al.

70 Ind.App. 112

123 N.E. 194

GRANITE SAND & GRAVEL CO.

v.WILLOUGHBY et al.

No. 10492.

Appellate Court of Indiana, Division No. 2.

May 8, 1919.

Appeal from Industrial Board.

Proceeding under the Workmen's Compensation Act by George Willoughby and others to recover compensation for the death of Cecil Willoughby, employé, opposed by the Granite Sand & Gravel Company, employer. From an award of compensation by the Industrial Board, employer appeals. Affirmed.Joseph W. Hutchinson, of Indianapolis, for appellant.

Salem D. Clark, of Indianapolis, for appellees.

NICHOLS, J.

This was an application by he appellees as dependents of Cecil Willoughby against the appellant for the adjustment of their claim for compensation under the Workmen's Compensation Act (Laws 1915, c. 106), wherein it was claimed that said Cecil Willoughby died as a result of an injury arising out of and in the course of his employment by appellant.

As appears by the board's findings, the material facts are that:

On the 15th day of June, 1918, one Cecil Willoughby was in the employment of the defendant at an average weekly wage of $18; that at said time the defendant was engaged in the operation of a gravel pit from which it was shipping gravel; that leading from a main railroad track a switch led into the premises occupied by the defendant and over which it shipped gravel; that the defendant loaded cars by means of a chute through which it conveyed the gravel into the cars; that as cars were thus loaded they were pushed down the switch and away from the main track, and another car was brought under the chute for the purpose of loading; that because of such position of cars it became necessary when loaded cars were to be removed at a time when a car was in the process of loading, to remove such car from under the chute in order that the loaded cars might be removed; that as the gravel was conveyed into the car the defendant had employés herein to pick out dirt, sticks, and foreign substances; that the said Cecil Willoughby was employed for such service on the 15th day of June, 1918, was engaged therein, and in the discharge of said duties was standing in a car picking out sticks, dirt, and foreign articles from the gravel that was being conveyed therein through the chute; that while the said Cecil Willoughby was so engaged the railroad switching crew desired to remove the loaded car; that in company with another employé, who was also working in the car with him, the said Cecil Willoughby got out and assisted to raise the chute so that the cars could be removed; that after raising the chute the said Cecil Willoughby re-entered the car in which he had been working, and while said car was being switched by the railroad switching crew the said Cecil Willoughby...