Katz v. Katz

Decision Date18 July 1950
Citation137 Conn. 134,75 A.2d 57
CourtConnecticut Supreme Court
PartiesKATZ v. KATZ et al. Supreme Court of Errors of Connecticut

Edward S. Pomeranz, Hartford, William P. Aspell, Hartford, for appellants.

Morris Apter, Hartford, Julius Apter and Milton Nahum, Hartford, for appellee.

Before BROWN, C. J., O'SULLIVAN, JENNINGS, and BALDWIN, JJ., and MURPHY, J., Superior Court.

BALDWIN, Judge.

This is an appeal by the defendant employer, hereinafter called the defendant and his insurer from a judgment of the Superior Court sustaining a finding and award of the compensation commissioner in favor of the plaintiff. The plaintiff claims compensation for injuries sustained when he was hit by an automobile on the public highway as he was walking home from work in the defendant's laundry. The question determinative of the appeal is whether the court was warranted in sustaining the commissioner's conclusion that the plaintiff's injury arose out of and in the course of his employment.

We summarize the material facts in the finding, which, as corrected by the Superior Court, is not subject to further correction by this court. The plaintiff and the defendant, who are brothers, were subject to the Workmen's Compensation Act, Gen.St.1949, § 7416 et seq. Prior to 1948, the defendant's laundry had been located in Hartford not far from the plaintiff's home. The plaintiff had had a heart ailment for some time. When the defendant contemplated moving the laundry to a place in West Hartford, a considerable distance from the plaintiff's home, he asked the plaintiff to work at the new location. He knew about the plaintiff's heart ailment and they discussed the advisability of the plaintiff's continuing his employment there. It was finally agreed that the plaintiff would work at the new plant and that because of his heart condition the defendant would see to it that he was transported home at night either in the defendant's own car or in the truck of one of the laundry drivers. The plant was moved to West Hartford and the plaintiff continued his employment at the new location, which was on the east side of Prospect Avenue a few hundred feet south of Park Street, in a sparsely settled area. A public sidewalk on the east side of Prospect Avenue extended southerly from Park Street. From a point some distance north of the defendant's plant it consisted of a cinder path, which intersected a path leading from the plant. The defendant instructed all his drivers that the plaintiff was to be driven home from work each night. This was in accordance with the agreement for transportation because of his heart condition. The plaintiff came to work each morning and walked to the plant from the Park Street corner. He always paid his bus fares and was not reimbursed by the defendant for any of them. After the plaintiff's employment at the West Hartford plant began, he was driven home at the end of each day's work by one of the laundry drivers or, once in a while, by the defendant. Occasionally, when this transportation was not available, he had to walk to the corner and get the bus. The defendant knew and consented to this, for when neither he nor one of the drivers could take the plaintiff the defendant instructed him to go to the corner to take the bus. The plaintiff made no objection when a ride home from the plant was not available. Prospect Avenue, which is heavily traveled, particularly between 4 and 6:30 p. m. daily, was the sole means of access to the defendant's laundry.

There was a heavy snow fall prior to January 19, 1948. After Prospect Avenue had been plowed by the town, there was a high bank of snow on each side. There was no shoveled sidewalk in front of the defendant's plant. The defendant had received complaints from other employees of these hazardous conditions. Because of them, for some time prior to January 19, the plaintiff had been obliged to walk in the highway in coming to the laundry and on that night, immediately on leaving it, was obliged to do so. When he finished his day's work, he found that there was no transportation available. The defendant knew that there was no driver to take the plaintiff home, told him that he would be unable to take him and directed him to walk to the corner and take a bus. It was then about 6 p. m. and dark. The plaintiff left the plant by a shoveled path which led to the highway and proceeded northerly on its easterly edge next to the high bank of snow. As he was walking along close to this snow bank, about 250 feet north of the defendant's property, he was struck by an automobile which was being driven northerly along the highway and sustained serious injuries.

The defendant contended that, since the plaintiff had left his employment at the plant and was going home on a public highway as were other workers, when he was injured, the injury did not arise out of and in the course of his employment. The plaintiff claimed that the defendant's failure to keep his agreement to furnish him transportation home necessitated his walking along the public highway under the existing hazardous conditions, which, together with the peculiar location of the plant, subjected him to a special hazard which was annexed to his employment as a risk incident thereto and was a greater hazard than the ordinary worker going to and from work was subjected to on that day. The commissioner overruled the defendant's claim, sustained that of the plaintiff and awarded him compensation. It is from the Superior Court's refusal to disturb this ruling that the defendants have appealed to this court.

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13 cases
  • Morin v. Lemieux
    • United States
    • Connecticut Supreme Court
    • 29 d2 Janeiro d2 1980
    ...by an employee while traveling to or returning from work in transportation furnished by the employer are compensable. Katz v. Katz, 137 Conn. 134, 138, 75 A.2d 57 (1950); Taylor v. M. A. Gammino Construction Co., 127 Conn. 528, 530-32, 18 A.2d 400 (1941); Flanagan v. Webster & Webster, 107 ......
  • Blaustein v. Mitre Corp.
    • United States
    • Virginia Court of Appeals
    • 7 d2 Agosto d2 2001
    ...1028 (through a union contract, employer had agreed to pay claimant's full transportation expenses to and from work); Katz v. Katz, 137 Conn. 134, 75 A.2d 57, 58 (1950) (employer agreed to transport claimant home each night); Sihler v. Lincoln-Alliance Bank & Trust Co., 280 N.Y. 173, 19 N.E......
  • McKiernan v. City of New Haven
    • United States
    • Connecticut Supreme Court
    • 31 d2 Março d2 1964
    ...Construction Co., 127 Conn. 528, 530, 18 A.2d 400; Kuharski v. Bristol Brass Corporation, 132 Conn. 563, 566, 46 A.2d 11; Katz v. Katz, 137 Conn. 134, 138, 75 A.2d 57; and Hughes v. American Brass Co., 141 Conn. 231, 234, 104 A.2d The main claim of the claimant is that the present case is d......
  • Farnham v. Labutis
    • United States
    • Connecticut Supreme Court
    • 5 d2 Abril d2 1960
    ...have shown his acquiescence by permitting such a course of activity without objection after apparent full knowledge of it. Katz v. Katz, 137 Conn. 134, 138, 75 A.2d 57; Puffin v. General Electric Co., 132 Conn. 279, 282, 43 A.2d 746; Drouin v. Chelsea Silk Co., 122 Conn. 129, 134, 187 A. 90......
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