Reddick v. Grand Union Tea Co.

• Decision Date: 18 March 1941
• Docket Number: 45460.
• Citation: 296 N.W. 800,230 Iowa 108
• Parties: REDDICK v. GRAND UNION TEA CO.
• Court: Iowa Supreme Court

296 N.W. 800

230 Iowa 108

REDDICK v. GRAND UNION TEA CO.

No. 45460.

Supreme Court of Iowa.

March 18, 1941

Appeal from District Court, Winneshiek County; H. E. Taylor, Judge.

Application for award under the Workmen's Compensation Act, Code 1939, § 1361 et seq., for the death of claimant's husband. The Deputy Industrial Commissioner made an award which was affirmed, upon review, by the Commissioner. The district court reversed the award. Claimant appeals.

Reversed.

Carl F. Jordan (of Jordan & Jordan), of Cedar Rapids, for appellant.

Paul W. Steward (of Hallagan, Fountain, Steward & Cless), of Des Moines, for appellee.

GARFIELD, Justice.

The issues before the commissioner were whether deceased died from injury arising out of and in the course of his employment, or from either suicide or intoxication. The evidence is entirely circumstantial. It will be necessary for us to state it in some detail.

Appellant's deceased husband, V. P. Reddick, had been in appellee's employ approximately four years. He had recently been made assistant manager, though during the period immediately preceding his death he had been acting as a route salesman in the territory surrounding Decorah. Appellee rented a private garage from one Porter for the purpose of storing its truck from which deceased made deliveries of groceries and other merchandise along his routes. Surplus merchandise not carried in the truck was also delivered to and stored in this garage. The garage was 14 1/2 ' x 19 1/2 ' and 11' 2" high. The double doors into the garage were approximately 8 feet high, with a hook and bolt on the inside at the top and also at the bottom. There was also a side door to the garage 21 inches wide and not quite so high as the double door, with a padlock on the outside. The garage was neither heated nor lighted.

About noon on Monday, December 5, 1938, Reddick's lifeless body was found in the garage. The double garage doors were closed and, according to some of the witnesses, were hooked and bolted at the top. The sheriff testified that when he arrived these doors were not fastened at the top, but only at the bottom. The coroner, also an early arrival, testified that the doors were locked at the top but not at the bottom. It is undisputed that the smaller single garage door was wide open. The employer's truck was in the garage with the ignition key turned on but the engine was not running. The throttle was opened a short distance. The left front door of the truck, at the driver's side, was open. The right front door and the rear truck door were closed. The battery of the truck was dead. The gasoline tank was from one-fourth to one-half full. The body was lying to the rear of the truck with the face approximately 18 to 20 inches from the exhaust outlet. It was lying on the right side with the shoulders up against the double door. One hand was between the thighs and the other across the chest. " The body was in a sort of doubled up position." The testimony shows that the front of the truck was so close to the wall there was not room for a person to go in front of the truck.

There is considerable testimony with regard to papers or paper bags lying on the garage floor. One paper or paper bag was lying under the shoulders or head and another approximately under the feet. The coroner testified, " It seemed like there was paper sacks, * * * I suppose he used those to deliver stuff in, was lying on the floor; his feet was on one of them. Q. Did you see three or four of these sacks scattered around? A. Yes, well, like there was a bunch of them like that." Claimant testified: " There was some pieces of waste material, the door was fastened on to a wastepaper basket full of paper. The door was swung open and caught on one bunch." No tire marks were observed on the paper under the head or shoulders.

There is substantial testimony to the effect that when the body was discovered, decedent's coat was caught on the door. Claimant testified: " His coat was caught on the door and was crumpled up across his back and around his neck sort of. * * * His hat was just tipped off his head. His coat was on and * * * all drawed up around his neck like he partly slipped out of his coat. Like he had slid and his coat was kind of caught because when I went to get hold of him he was sort of caught on the door." The sheriff testified that when he arrived no part of the clothing was caught on the door. An attempt had been made to lift the body before the sheriff arrived. No witness testified to any bruises or abrasions upon the body. It is conceded that death was caused by carbon monoxide poisoning. Doctors who examined the body at approximately 4:30 Monday afternoon gave it as their opinion that death had occurred at least 12 to 18 hours earlier.

Decedent was the only person to whom keys to the garage were entrusted. Merchandise of the company sent to Decorah was delivered at the garage. It was decedent's duty to unpack these goods in the garage. It was also his business to put the truck in the garage when not in use. When the merchandise was unpacked it was Reddick's duty to place so much of it as was necessary in the truck for delivery to customers. The testimony shows that Reddick was behind with his route at least one day or perhaps somewhat longer. This was at least partly due to the Thanksgiving holiday.

There is undisputed testimony that decedent would ordinarily work in the garage on Saturday night and sometimes on Sunday. This work consisted partly of unpacking merchandise and placing it in the truck. The district manager, as a witness for appellee, testified: " Then there would be the unpacking and checking of the shipments of merchandise that had come in from Davenport. Well, there would be some reports to make out. There is a final report of the last three days sales and the complete order sheet for the entire week would have to be made up sometime between Saturday and Monday morning. The merchandise that is sent in to be unpacked, was to be delivered to the Porter garage * * * He would unpack it there in the garage." It was Reddick's duty to keep an inventory of the goods and to receipt for the merchandise delivered at the garage.

Decedent had spent the night of Friday, December 2, in the hotel at Lansing, leaving there about 11 Saturday morning. His route book showed that only five customers on the route supposed to have been covered on Friday were called upon, and that no customers were thereafter solicited by deceased. Deceased arrived at the house where he roomed in Decorah at approximately 3:30 Saturday afternoon. He left his room and returned about 5. There is evidence that he had been drinking at this time; that he said he had been drinking and lost sleep the night before. He was next seen at about the dinner hour in the taproom of the Winneshiek hotel where he stayed intermittently until 10:30 or 11. In the taproom he drank beer. About 9 o'clock Saturday evening he appeared on the street with a pint bottle of whiskey about half full which he was waving in the air. There is testimony that he was loud and boisterous at least part of the time he was in the taproom. He took part in a game of bingo and sat in a booth with two young ladies, one of whom was a school teacher living about a mile east of Decorah, whom he had previously met at a dance. He took a telegram out of his pocket, telling the young ladies he was to meet some one on the following Monday in Decorah but that he would not be there to meet him. About 11, Reddick appeared in the Dotseth bakery where he took another drink.

About midnight the employer's truck was gotten from in front of the house where Reddick roomed and driven to the school teacher's home. The teacher drove the truck to her home but Reddick drove back to town. Upon separating from the teacher at about 12:30, Reddick handed her a nickel, asking her to keep it until she saw him again and to keep it forever if she never saw him again. There is no direct evidence that deceased drank after returning to Decorah. Reddick was next seen about 1 o'clock Sunday morning in the Davis cafe where he was joined by one Ernest and two Langlas sisters. These four people left the cafe, riding in appellee's truck, and proceeded to the home of Dotseth, the baker. Another couple was also at the Dotseth home. Dotseth did not arrive at his home until about 4:30. At that time Reddick was asleep in a chair. He awoke, said, " Well, I am glad I met you folks," and left. At that time Dotseth testified that Reddick's condition was just like his would be after he had had a little snooze, " half way groggy" . He left the Dotseth home about 4:30 or 5 Sunday morning presumably in appellee's truck. That is the last he was seen alive.

The foregoing, although omitting many details, sufficiently indicates the character of the testimony. Some further facts are hereinafter mentioned.

I.

The material part of the findings and judgment of the trial court reads as follows:

" The court finds and determines: That the evidence points strongly to suicide as the cause of the death of Vivian Pearl Reddick and the Court finds that he met his death by reason of suicide. Through his continuous debauchery just prior to his death, Mr. Reddick submitted himself to a hazard which was the immediate cause of his decease. The Court further finds and determines that the death did not arise out of and in the course of the employment of Mr. Reddick by the Grand Union Tea Company. The decision of the Industrial Commissioner is reversed."

It is to be noticed that the judgment of the trial court does not recite that the facts found by the commissioner do not support the award nor that there was insufficient evidence to warrant making the award. See Code, sections 1452 and 1453...