Luke v. St. Paul Mercury Indem. Co., 31257.

Decision Date31 October 1941
Docket NumberNo. 31257.,31257.
PartiesLUKE v. ST. PAUL MERCURY INDEMNITY CO. ET AL.
CourtNebraska Supreme Court

140 Neb. 557
300 N.W. 577

LUKE
v.
ST. PAUL MERCURY INDEMNITY CO. ET AL.

No. 31257.

Supreme Court of Nebraska.

Oct. 31, 1941.


[300 N.W. 578]


Syllabus by the Court.

1. The workmen's compensation law extends to and covers only workmen while engaged in, on or about the premises where their duties are being performed, or where their service requires their presence as a part of such service at the time of the injury, and during the hours of service as such workmen.

2. Where an employee leaves the place where his duties are to be performed or where his service requires his presence to engage in a personal objective, not incidental to his employment, the relation of employer and employee does not exist until he returns to a place where by the terms of his employment he is required to perform service.

3. The rule that recovery may be had under the workmen's compensation law if the servant, on a trip where his and his master's business are combined, is injured is applicable only when there is a combination of purposes of the master and servant to be performed on the same trip.

4. Held, that the injury sustained by the plaintiff is not compensable under the workmen's compensation law.


Appeal from District Court, Lancaster County; Polk, Judge.

Proceeding under the Workmen's Compensation Act by William A. Luke, claimant, against the St. Paul-Mercury Indemnity Company of St. Paul, compensation carrier, and the Young Men's Christian Association of Lincoln and Lancaster County, Nebraska, employer. From an award in favor of the claimant, the compensation carrier and the employer appeal.

Reversed.

Chambers, Holland & Locke, of Lincoln, for appellants.

Good & Simons, of Lincoln, for appellee.


Heard before SIMMONS, C. J., and EBERLY, PAINE, MESSMORE, and YEAGER, JJ., and FALLOON and ELLIS, District Judges.

YEAGER, Justice.

This is an appeal from an award in a workmen's compensation case in favor of William A. Luke, plaintiff and appellee, against the Young Men's Christian Association of Lincoln and Lancaster county, Nebraska, a corporation, the employer, and St. Paul Mercury Indemnity Company of St. Paul, a corporation, the compensation carrier, defendants and appellants.

The only question presented is one of liability, and it depends upon whether or not the accident and injury sustained by the plaintiff, which accident and injury are admitted, arose out of and in the course of his employment as general secretary of the employer defendant.

The pertinent substantial facts are that plaintiff had been general secretary of the employer defendant, hereinafter referred to as the Lincoln Y. M. C. A., for more than 25 years. Under arrangement with the Lincoln Y. M. C. A. it was required that plaintiff should attend conferences at Association Camp...

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