Keeling & Co. v. Roose
Decision Date | 05 June 1962 |
Docket Number | No. 2,No. 19694,19694,2 |
Parties | KEELING & COMPANY, Inc., an Indiana Corporation, Appellant, v. Loretta L. ROOSE, individually and as Natural Guardian of Andrea and Christina Roose, Appellee |
Court | Indiana Appellate Court |
William B. Weisell, Theodore L. Locke, Jr., Locke, Reynolds, Boyd & Weisell, Indianapolis, for appellant.
William M. Evans, James P. Seidensticker, Jr., Cook, Bose, Buchanan & Evans, Indianapolis, for appellee.
Appellant was engaged in the business of an automotive advertising agency preparing advertising program material for companies related to the automobile industry. Appellee's decedent, Ernest R. Roose, (her husband), was employed by appellant and the evidence reflects that he was variously described and referred to as 'Vice President', 'Director', 'Technical Art Director', 'Contact Man', 'Sales Technician', and as one of appellant's 'Key Personnel'.
The sole question presented by this appeal is whether there was competent evidence of probative value to sustain the finding of four members of the Full Industrial Board that on October 30, 1954 the said Ernest R. Roose sustained personal injuries by reason of an accident arising out of and in the course of his employment with appellant which resulted in his death on said date.
We have often said that if the evidence is susceptible of different inferences, this court may not disturb the finding of the Board. Mowatt v. General Engineering and Sales Company et al. (1939), 106 Ind.App. 345, 349, 19 N.E.2d 488; George v. Interstate Metal Products, Inc. (1955), 125 Ind.App. 406, 412, 413, 126 N.E.2d 258; Couch v. Harmon, Personal Representative, etc. (1959), 129 Ind.App. 459, 464, 157 N.E.2d 303; 30 I.L.E Workmen's Compensation § 384, p. 593, and cases cited in notes thereto.
A consideration of the evidence and the reasonable inferences which may be deduced therefrom tends to establish that for several years the decedent had been a personal friend of Wilbur Shaw, President of the Indianapolis Motor Speedway. Mr. Shaw had hired decedent on several occasions to do work at the Speedway. In addition, Mr. Shaw had successfully encouraged race drivers to make favorable testimonials concerning the quality of products manufactured by clients of appellant and had introduced decedent to important people in the automobile business. On the fateful day in question Mr. Shaw had invited Mr. Roose to fly with him to Ann Arbor, Michigan, where he had some business to attend to. On the return flight home some unexplained happening occurred and the aeroplane crashed. Both men died as a result.
The only direct evidence tending to establish decedent's purpose in making the air trip was given by the decedent's widow, the appellee, Loretta L. Roose. For purpose of clarity, we deem it appropriate to here set forth verbatim from the record the pertinent parts of her testimony:
'Mr. Weisell, Attorney for Defendant:
'(Argument off record)
'Mr. Mills, Hearing Member:
'Mr. Weisell, Attorney for Defendant:
'The defendant moves to strike on the basis of the objection made.
'Mr. Mills, Hearing Member:
'Objection overruled.
'
'Mr. Weisell, Attorney for Defendant:
'Mr. Mills, Hearing Member:
'It's just a statement so far.
'
The issues presented by both parties to this appeal are whether or not the evidence above quoted is competent, and whether the Industrial Board could reasonably infer from this testimony that Mr. Roose consented to go on the flight for reasons arising out of his employment, and whether such flight was taken while Mr. Roose was performing duties in the course of his employment.
The appellant asserts that the testimony above quoted is hearsay and should have been excluded. This testimony tended to show that decedent's main purpose in going with Mr. Shaw was that it gave him an opportunity to talk to Mr. Shaw about the Firestone account, thus establishing a purpose for decedent's departure. The fact of the flight was, of course, admissible. The law has long recognized that when it is material to show the purpose or reason for a...
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Property Owners Ins. Co. v. Cope
... ... See also Ski World, Inc. v. Fife, 489 N.E.2d 72 (Ind.App.1986); Keeling & Co. v. Roose, 134 Ind.App. 369, 182 N.E.2d 807 (1962). The Martin court rejected this type of test because the liberal coverage policy ... ...
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