Pub. Serv. Co. of Northern Illinois v. Indus. Comm'n
| Decision Date | 08 February 1939 |
| Docket Number | No. 24622.,24622. |
| Parties | PUBLIC SERVICE CO. OF NORTHERN ILLINOIS v. INDUSTRIAL COMMISSION et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Superior Court, Cook County; Donald S. McKinlay, Judge.
Proceeding under the Workmen's Compensation Act, Smith-Hurd Stats. c. 48, § 138 et seq., by Lillie Beckman, claimant, for the death of Nels Beckman, her husband, opposed by the Public Service Company of Northern Illinois, employer. To review an order of the superior court affirming an award of the Industrial Commission, granting compensation, the employer was granted a writ of error.
Order and award reversed.Gardner, Foote, Morrow & Merrick and K. J. Owens, all of Chicago (Robert L. Elliott, Jr., of Chicago, of counsel), for plaintiff in error.
Irving M. Greenfield, of Chicago, for defendants in error.
An arbitrator, the Industrial Commission and the superior court of Cook county found that Nels Beckman's death on December 20, 1935, arose out of and in the course of his employment. The Public Service Company of Northern Illinois, his employer, has been granted a writ of error to review the award in favor of Beckman's widow.
Beckman was employed by the plaintiff in error about twenty-five years. At the time he died he was a foreman in its gas-generating and pumping department. He worked in Blue Island, where he lived, until he was transferred to the company's new plant at Niles Center. He continued to live in Blue Island, but was allowed sixty-seven cents per day to cover the cost of his transportation. The same arrangement was made with another employee, Habenicht, who took turns with Beckman in furnishing an automobile to drive to work. Habenicht was driving and the two were on their way home from work when Beckman was killed in an automobile collision. Beckman had no duties except those he performed at the plant in Niles Center.
Plaintiff in error contends that Beckman was through work and that his death did not occur in or arise out of his employment. In Fairbank Co. v. Industrial Comm., 285 Ill. 11, 13, 120 N.E. 457, 458, we said: ‘When work for the day has ended, and the employé has left the premises of his employer to go to his home, the liability of the employer ceases, unless after leaving the plant of the employer the employé is incidentally performing some act for the employer under his contract of employment.’
The defendant in error relies on our holding in ...
To continue reading
Request your trial
-
Cardillo v. Liberty Mut Ins Co
...328, 401, 402. Turner Day & Woolworth Handle Co. v. Pennington, 250 Ky. 433, 63 S.W.2d 490. 7 Public Service Co. of Northern Illinois v. Industrial Commission, 370 Ill. 334, 18 N.E.2d 914; Guenesa v. Ralph V. Rulon, Inc., 124 Pa.Super. 569, 189 A. 524; Republic Underwriters v. Terrell, Tex.......
-
Sjostrom v. Sproule
...121 So.2d 581 and Littler v. Fuller Co., 223 N.Y. 369, 119 N.E. 554. In our previous opinion we relied upon Public Service Co. v. Industrial Commission, 370 Ill. 334, 18 N.E.2d 914. We overlooked the fact that in Public Service Company the company did not furnish a car and that it only paid......
-
Tavel v. Bechtel Corp.
... ... is illustrated in four decisions: two in Illinois and two in Connecticut. In Public Service Co. of Northern Illinois v. Industrial Comm., 370 Ill. 334, 18 ... ...
- Fleming v. Dillon