Hayes Freight Lines v. Martin
| Decision Date | 17 March 1948 |
| Docket Number | 17708. |
| Citation | 77 N.E.2d 900,118 Ind.App. 139 |
| Parties | HAYES FREIGHT LINES v. MARTIN. |
| Court | Indiana Appellate Court |
Appeal from Industrial Board.
Proceeding under the Workmen's Compensation Act by Mary E. Martin, claimant, for death of her decedent, opposed by Hayes Freight Lines, employer. From award of Industrial Board granting compensation to claimant, the employer appeals.
Proceeding remanded to Industrial Board with instructions.
Jas V. Donadio, Ross, McCord, Ice & Miller, R. Stanley Lawton and C. Richard Fulmer, all of Indianapolis, for appellant.
Todd & Craig, of Indianapolis, for appellee.
Appellant appeals from an award of the Industrial Board granting compensation to appellee.
To appellee's application for compensation appellant filed a special answer asserting that the death of appellee's decedent was due to his commission of a misdemeanor. On this issue evidence was presented. However the board failed to make a finding thereon and of this omission appellant complains.
Our Supreme Court has held that it is the duty of the Industrial Board to make a finding of fact on every issue presented to it. Cole v. Sheehan Const. Co., 1944, 222 Ind. 274, 53 N.E.2d 172. Language to the contrary appearing in the case of Czuczko v. Golden-Gary Co., Inc., 1932, 94 Ind.App. 47, 177 N.E. 466, 179 N.E. 19, should be considered overruled.
Proceeding remanded to Industrial Board with instructions to make a finding of fact on the issue presented by appellant's special answer.
To continue reading
Request your trial
-
Chickey v. Watts, No. 04AP-818 (OH 9/22/2005)
...satisfactory proof." Czuczko v. Golden-Gary Co., Inc. (1931), 94 Ind. App. 47, 55, 58, overruled on other grounds, Hayes Freight Lines v. Martin (1948), 118 Ind. App. 139; Norris v. New York Cent. R. Co. (1927), 246 N.Y. 307, 311-313; Pettee v. Noyes (1916), 133 Minn. 109, 111-112. Although......
-
Delaware Machinery & Tool Co. v. Yates
...Hawkins (1925), 82 Ind.App. 552, 146 N.E. 879; Cunningham v. Colen (1939), 106 Ind.App. 387, 20 N.E.2d 200; Hayes Freight Lines v. Martin (1948), 118 Ind.App. 139, 77 N.E.2d 900; Stoner v. Howard Sober, Inc. (1954), 124 Ind.App. 581, 587, 118 N.E.2d 504; DeArmond, Gdn. v. Myers Gravel & San......
-
Guevara v. Inland Steel Co.
...five years immediately preceding the death, and to make an award accordingly. Cole v. Sheehan Construction Company, supra; Hayes Freight Lines v. Martin, supra. ROYSE, J., with opinion. DRAPER, J., concurs with opinion. ROYSE, Judge (dissenting). I do not agree with the majority opinion in ......
-
Palmeri v. Riggs-Sargent, Inc.
...finding constitutes an error sufficient for remanding the cause. Contrary authority is expressly overruled by Hayes Freight Lines v. Martin (1948), 118 Ind.App. 139, 77 N.E.2d 900. Professor Small goes further and states the '* * * In cases where the Board desires to find against the one ha......