Leader Specialty Co. v. Chapman

• Citation: 85 Ind.App. 296,152 N.E. 872
• Decision Date: 01 July 1926
• Docket Number: No. 12629.,12629.
• Parties: LEADER SPECIALTY CO. v. CHAPMAN.
• Court: Court of Appeals of Indiana

85 Ind.App. 296

152 N.E. 872

LEADER SPECIALTY CO.

v.CHAPMAN.

No. 12629.

Appellate Court of Indiana, in Banc.

July 1, 1926.

Appeal from Industrial Board.

Proceeding, under the Workmen's Compensation Act (Laws 1915, c. 106), by Clarence E. Chapman, claimant, against the Leader Specialty Company, employer. From an order of the Industrial Board granting an award, the employer appeals. Award set aside with directions.

Pickens, Davidson, Gause & Pickens, and Turner, Adams, Merrell & Locke, all of Indianapolis, for appellant.

Florea & Seidensticker, of Indianapolis, for appellee.

ENLOE, C. J.

On April 25, 1926, the appellee, while in the employment of appellant, received a personal injury by accident arising out of and in the course of his employment.

All the material facts in this case were by counsel for the respective parties stipulated upon the hearing before the single member of said board who first heard said cause. The hearing member made an award to appellee, as did also the full board, upon a petition for a review, from which award this appeal is prosecuted.

It was stipulated that the appellee is, and was at the time of his employment and injury, a resident of Macon, Ga.; that the appellant is an Indiana corporation, with its principal office and place of business in Indianapolis, Ind.; that appellant is engaged in selling plumbing supplies throughout the United States, but has no branch offices; that it employs salesmen who are allotted districts within which to sell; that the territory allotted to appellee was wholly without the state of Indiana, and was principally within the state of Georgia; that the contract between the parties hereto was entered into by correspondence;the said correspondence being set out in full in said stipulation. It was also agreed that the duties to be performed by appellee, under his said contract of employment, were to be performed entirely without the state of Indiana.

The correspondence offered in evidence, under said stipulation, as constituting said contract, consists of a number of letters, written by the appellant from its office in Indianapolis, Ind., and directed to the appellee at Hartsville, S. C., where he appears to have been then employed, and of letters written by the appellee, from Hartsville, directed to appellant at Indianapolis, Ind. From these letters it appears that under date of February 12, 1925, the appellant wrote to the appellee at Hartsville, informing him that they could give him the “Georgia territory” and the compensation they could...