Maffei's Claim, In re, 2889

• Decision Date: 05 May 1959
• Docket Number: No. 2889,2889
• Citation: 338 P.2d 818,80 Wyo. 117
• Parties: In the Matter of the Workmen's Compensation CLAIM of Mrs. Albert P. MAFFEI (Adriani), Widow of Albert P. Maffei, Deceased, filed under the Wyoming Workmen's Compensation Law. Lela Irene Maffei ADRIANI, and Lela Irene Maffei Adriani, as Guardian, Appellants (Claimants below), v. WORKMEN'S COMPENSATION DEPARTMENT of Wyoming, Appellee.
• Court: Wyoming Supreme Court

Page 818

338 P.2d 818

80 Wyo. 117

In the Matter of the Workmen's Compensation CLAIM of Mrs. Albert P. MAFFEI (Adriani), Widow of Albert P. Maffei, Deceased, filed under the Wyoming Workmen's Compensation Law.

Lela Irene Maffei ADRIANI, and Lela Irene Maffei Adriani, as Guardian, Appellants (Claimants below), v. WORKMEN'S COMPENSATION DEPARTMENT of Wyoming, Appellee.

No. 2889.

Supreme Court of Wyoming.

May 5, 1959.

Lee S. Nebeker, Green River, and Richard L. Bird, Jr., of Richards, Bird & Hart, Salt Lake City, Utah, for appellant.

Thomas O. Miller, Atty. Gen., and Sterling A. Case, Asst. Atty. Gen., for appellee.

Before BLUME, C. J., and PARKER and HARNSBERGER, JJ.

Mr. Justice HARNSBERGER delivered the opinion of the court.

This is an appeal from denial of the claim of a widow under the Workmen's Compensation law of this State, W.C.S.1945, § 72-101 et seq., arising from the death of her husband.

It appears deceased had been notified by telephone, at the direction of the marshal of the town of Kemmerer, that his place of business had been broken into. The marshal and another person were following tracks, which they assumed were those of a suspect made in new snow, when they met deceased coming from his home presumably in answer to the phone call. The three men continued following the tracks which led to where it seemed the suspect had entered an automobile. From there the automobile tracks were followed going outside the town limits and to another town where the car was found. The marshal directed the third man to remove the keys from the car, which he did. The three continued their search when a man suddenly appeared with two guns, made them get in the car with him, and drive to a secluded area where the suspect shot and killed the deceased. Because of these circumstances the widow claimed her husband lost his life while engaged in performance of his duties as an employee of the town.

At the hearing before the district court, the third man was called as a witness for claimant and testified generally to the above facts which do not seem to be disputed. In addition, he stated he could not recall what was said when the deceased joined the marshal and the witness, except that

'* * * it was on the matter of the fact that somebody had broken into his place of business and whoever it was, we figured out made these tracks leaving that area and the tracks were real fresh and probably we might be able to catch whoever it might be.';

that later in the search the marshal said he would get the 'Paddy Wagon' and then he 'picked me up and we went down and picked Albert (the deceased) up and followed the tracks * * *'. On...