Higgins v. Bates St. Shirt Co.

• Decision Date: 24 February 1930
• Citation: 149 A. 147
• Parties: HIGGINS v. BATES STREET SHIRT CO. et al.
• Court: Maine Supreme Court

149 A. 147

HIGGINS

v. BATES STREET SHIRT CO. et al.

Supreme Judicial Court of Maine.

Feb. 24, 1930.

Appeal from Supreme Judicial Court, Androscoggin County.

Proceeding under the Workmen's Compensation Act by Henry S. Higgins against the Bates Street Shirt Company and others. The Commission ordered the dismissal of the petition, and claimant appeals. Appeal dismissed, and decree affirmed.

Argued before DEASY, C. J., and DUNN, STURGIS, BARNES, PATTANGALL, and FARRINGTON, JJ.

Thaxter, White & Willey, of Portland, for complainant.

Eben Littlefield and Wm. B. Mahoney, both of Portland, for employer.

DEASY, C. J.

In this workmen's compensation case the commission refused to grant compensation, and ordered the dismissal of the petition. The employer is the Bates Street Shirt Company (corporation), located at Lewiston. The petitioner was at the time of the accident president of that corporation. He resided at the Columbia Hotel in Portland. On the 2d day of February, 1929, he left his residence, went first to the office of the corporation's attorneys, and then to the office of the corporation's auditors. In both cases his purpose was the transaction of business for the corporation. After leaving the auditor's office, he took a car for Lewiston. Leaving the car after it reached Lewiston, he walked along Bates street toward the corporation's factory. When he had nearly reached the factory, he fell and suffered the injury for which he claims compensation.

The act provides (Laws 1919, c. 238, as amended) compensation for employees injured by accident. It defines "employee" aa one who performs services for another under any contract of hire, express or implied, subject to some exceptions not affecting the present case. The authorities hold that a president of the corporation is not precluded from becoming an employee within the meaning of the above definition. A corporation may hire its president to perform services for it under circumstances which will make him an employee. Honnold on Workmen's Compensation, volume 1, p. 173; Southern Surety Co. v. Childers, 87 Okl. 261, 209 P. 927, 25 A. L. R. 373.

But the burden rests upon the petitioner to make out his case. Taylor's Case, 126 Me. 450,139 A. 478. He has the burden of proving that he was an employee as defined by the statutes. In the instant case no evidence appears showing that the petitioner was hired by the corporation to perform services for it. So far as appears, his duties were simply those pertaining to his office.

When the president of a corporation acts only as such, performing the regular executive duties pertaining to his office, he is not an employee within the meaning of the statutory...