Rushville Sch. Tp. v. Mock
| Decision Date | 29 June 1927 |
| Docket Number | No. 12874.,12874. |
| Citation | 157 N.E. 366,86 Ind.App. 307 |
| Parties | RUSHVILLE SCHOOL TP. v. MOCK et al. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Industrial Board.
Proceeding under the Workmen's Compensation Act for death of her husband by May Mock and child, claimants, opposed by the Rushville School Township, employer. From an order of the Industrial Board granting an award, the employer appeals. Affirmed.
Titsworth & Titsworth, of Kushville, for appellant.
A. L. Gary and Anna L. Bobannon, both of Rushville, for appellees.
On February 3, 1926, and for several years prior thereto, one Oliver H. Mock was in the employ of Rushville school township, Rush county. His duty was to convey the school children of a certain neighborhood to and from a public school known as the Webb school. It was his custom to return to his home after delivering the children to the school in the morning and to go back for them in the afternoon. For that purpose he used an auto back furnished by the township. On the morning of that day he took the school children to the school as usual. On his way homeward he stopped at Rushville and purchased some groceries. Proceeding on his way, and while in the act of crossing the track of the Indianapolis & Cincinnati Interurban Company, his machine was struck by an interurban car, the collision resulting in his immediate death. At the time of the accident the interurban company was in the hands of a receiver. The deceased left no estate, neither real nor personal. The appellees herein are his widow and infant child.
A short time after the death of Oliver H. Mock, his father called upon a Mr. Wells, claim agent for the interurban company, and asked him “if he would pay the funeral expenses.” Wells replied:
Thereupon an administrator was appointed, who filed a complaint against the receiver, asking damages in the sum of $1,000 on behalf of the widow and child for negligently causing the death of Oliver H. Mock. By agreement the cause was submitted to the court without a jury and a judgment rendered in the sum of $229.70. That sum is the exact amount of the funeral expenses. No part of the judgment has been paid. The court proceeding was conducted without any cost to the estate for attorney's fees or otherwise. The widow has instituted an action to annul the judgment and that action is now pending.
On May 21, 1926, the widow and infant child filed with the Industrial Board their application for compensation. A hearing before two members of the board resulted in an award for 300 weeks at...
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Castro v. Bass
...would have been if payment of the judgment had not been made or accepted. However, we would call attention to Rushville School Tp. v. Mock, 86 Ind.App. 307, 157 N.E. 366. Plaintiff argues that there is no double recovery since the recovery in the tort action was inadequate and defendants' p......
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Ritman v. Wass
...as long as there has been no collection from the employer or the wrong-doer, there has been no election. Rushville School Township v. Mock, 1927, 86 Ind.App. 307, 309, 157 N.E. 366; Small's Workmen's Comp.Law, Sec. 11.12, Note 93, p. In passing upon whether an election or collection actuall......