Porter v. City of New Haven

Decision Date16 December 1926
CourtConnecticut Supreme Court
PartiesPORTER v. CITY OF NEW HAVEN.

Appeal from Superior Court, New Haven County; Arthur F. Ells, Judge.

Joseph Shelnitz, of New Haven, for appellant.

Harry G. Tolliver, of New Haven, for appellee.

HAINES, J.

The finding shows that on the 20th day of July, 1923, George Porter, the decedent husband of the dependent claimant, was and for several years had been, a fireman in the employ of the respondent, and both were subject to the provisions of part B of the Workmen's Compensation Act (Gen. St. 1918 § § 5341-5390). On the day in question, while standing in the doorway of the engine house in which the decedent was employed, a man entering from another door, came up behind Porter and pushed him in a spirit of fun; Porter fell on the concrete floor striking the back of his head, and rendering him unconscious. The man who pushed Porter was a substitute fireman, who was visiting there and not on duty at the time. Porter lost no time as a result of the injury, but complained frequently thereafter of pains in his head. He died July 10, 1925, and the claimant contended that there was a causal relation between the blow on the head and the death. The finding states: " No ruling is made upon this claim." There is no finding as to the cause of the death of Porter, and therefore no basis here for a claim that his fatal injury arose in the course of or out of the employment. Without a finding that the pushing caused his fall and his death was the result of the fall, no award to the claimant could be made, and it is obvious that the present appeal could properly be dismissed, or the case returned to the commissioner for further finding.

Counsel however, have argued the appeal as though the finding was complete, and since, even if the commissioner had found that death resulted from the injury, our conclusion would be that the claimant could not prevail, we briefly state the basis of our conclusion.

The commissioner decided that the injury arose in the course of the employment, and this was manifestly correct. He held, however, that the injury did not arise out of the employment, and it is upon this issue that arguments have been presented.

" An injury arises out of an employment when it occurs in the course of the employment and is the result of a risk involved in the employment or incident to it, or to the conditions under which it is required to be performed. The injury is thus a natural or necessary consequence or incident of the employment or of the conditions under which it is carried on. Sometimes the employment will be found to directly...

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16 cases
  • Clements v. Aramark Corp.
    • United States
    • Connecticut Supreme Court
    • 24 Junio 2021
    ...did not arise out of her employment because dispute culminating in shooting was unrelated to her employment); Porter v. New Haven , 105 Conn. 394, 395, 397, 135 A. 293 (1926) (death of fireman who hit his head on fire station floor after being pushed in jocular manner by visitor to fire sta......
  • Birnie v. Electric Boat Corp.
    • United States
    • Connecticut Supreme Court
    • 19 Agosto 2008
    ...before the injury can be found to arise out of the employment" [emphasis added; internal quotation marks omitted]); Porter v. New Haven, 105 Conn. 394, 396, 135 A. 293 (1926) The term "`aris[ing] out of'" also was construed to mean that the employment be a contributing proximate cause of th......
  • Hill v. Liberty Motor & Eng'g Corp..
    • United States
    • Maryland Court of Appeals
    • 24 Enero 1946
    ...of the employment,’ and not that it arose ‘out of the employment.” Appellees also cite many out of state cases. In Porter v. City of New Haven, 105 Conn. 394, 135 A. 293, 294, the Court in denying compensation where a fireman, while standing in the doorway of the engine house, was pushed in......
  • Hill v. Liberty Motor & Engineering Corp.
    • United States
    • Maryland Court of Appeals
    • 18 Enero 1946
    ... ... City Court; W. Conwell Smith, Chief Judge ...          Proceeding ... under the Workmen's ... employment." ...          Appellees ... also cite many out of state cases. In Porter v. City of ... New Haven, 105 Conn. 394, 135 A. 293, 294, the Court in ... denying compensation ... ...
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