Prudential Life Ins. Co. of America v. Spears, 18475
| Decision Date | 27 April 1954 |
| Docket Number | No. 18475,18475 |
| Citation | 118 N.E.2d 813,125 Ind.App. 21 |
| Parties | PRUDENTIAL LIFE INS. CO. OF AMERICA v. SPEARS. |
| Court | Indiana Appellate Court |
George H. Oswalt, William B. Weisell, Slaymaker, Locke & Reynolds, Indianapolis, for appellant.
Walter C. Reese, Sumner Terry, Shelbyville, for appellee.
The deceased husband of the appellee was an employee of the appellant in the capacity of insurance solicitor, salesman, and debit collector. He suffered an accident which resulted in his death.
From an award of compensation to appellee by the Full Industrial Board, the appellant appeals, assigning that the finding of the Board is contrary to law.
The sole question presented is the correctness of the finding of the Board that decedent's injuries from which he died arose out of and in the course of the admitted employment with appellant.
The record discloses undisputed evidence that on the day of the accident, the decedent had made collections of debit insurance accounts in and about the vicinity of the accidental occurrence; that he carried with him a debit account book; that he parked his automobile in front of the home of one of his account debtors which was across the street from a cabinet company; a loading dock of the cabinet company faced toward the home of said debit debtor and was located some ten feet from the curb of the street; in the space between the street curb and the loading dock a small delivery truck was parked, parallel with the dock; upon parking his car, the decedent did not go directly into the home of his account debtor but later appeared in the cabinet company building; there, insofar as the evidence shows, the decedent was seen by but one person, namely, the supervisor, whom decedent touched on the shoulder and asked if he could have a piece of the hard maple wood, expressing the thought that it would make a good knife handle; upon receiving the piece of wood, decedent turned away and the supervisor continued with his work; shortly thereafter, the supervisor looked out through the loading door toward the delivery truck and saw decedent's leg disappear over the opposite side of the truck, as if he had fallen; the supervisor went out and discovered that decedent had fallen off the truck to the ground and he, the supervisor, assisted decedent to his feet and asked if he was hurt; decedent replied in the negative and at that time another person drove up in an automobile, started talking to decedent, and the supervisor...
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...and while he is engaged in performing the duties of the employment or something incidental thereto. Prudential Life Insurance Co. of America v. Spears, 1954, 125 Ind.App. 21, 118 N.E.2d 813; D. A. Y. Construction Co. v. Smallwood, 1937, 104 Ind.App. 277, 10 N.E.2d 750; Tom Joyce 7 Up Compan......
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... ... 19, 26, 167 N.E.2d 460; Prudential Life Insurance Company v. Spears (1954), 125 ... ...
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...is the finder of fact by statute) may engage in guess, surmise, conjecture, or mere possibility. See, Prudential Life Insurance Co. v. Spears (1954), 125 Ind.App. 21, 24, 118 n.E.2d 813; Rohlwing v. The Wm. H. Block Company (1953), 124 Ind.App. 97, 102, 115 N.E.2d 450; Mishawaka Rug & Woole......
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...Board is contrary to law. See: Mishawaka Rubber & Woolen Manufacturing Company v. Walker, supra; Prudential Life Insurance Company v. Spears (1954) 125 Ind.App. 21, 118 N.E.2d 813; Pittsburgh Testing Laboratories v. Kiel, The award of the Industrial Board herein appealed from is reversed, c......