S. Rosenbloom, Inc. v. Willingham
| Decision Date | 20 May 1948 |
| Docket Number | 163. |
| Parties | S. ROSENBLOOM, Inc., et al. v. WILLINGHAM. |
| Court | Maryland Court of Appeals |
Appeal from Baltimore City Court; E. Paul Mason, Judge.
Proceeding under the Workmen's Compensation Act by Thelma W Willingham, widow, claimant, for the death of her husband Charles H. Willingham, opposed by S. Rosenbloom, Inc. employer, and Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance Company, insurer. From a judgment affirming an award of the State Industrial Accident Commission granting compensation, the employer and insurer appeal.
Judgment affirmed.
W. Hamilton Whiteford, of Baltimore (Due, Nickerson & Whiteford, of Baltimore, on the brief), for appellants.
Daniel S. Sullivan, Jr., of Baltimore, for appellee.
Before MARBURY, C.J., DELAPLAINE, COLLINS, and HENDERSON, JJ., and BAILEY, Circuit Judge.
Charles H. Willingham was killed on March 7, 1947, while in the employ of S. Rosenbloom, Inc., as an industrial engineer. In connection with his work, he used a Company car to visit plants of his employer in Cambridge, Salisbury and Crisfield Maryland, and at Laurel, Delaware, to make 'time studies.' His home was in Baltimore, where the main office of his employer was located. He was married, having a wife and two grown children. His wife and several other witnesses described him as a man who was not a drinking man, but one who would take 'an occasional drink--a sociable drink.' During twenty years of married life, she had never seen him intoxicated. He was also described as a good husband and father, with no domestic or financial difficulties. His wife received a cheerful letter from him a few days before his death. On Friday, March 7, 1947, he left the Crisfield plant, where he had worked that week, and drove to Laurel, Delaware, a distance of fifty miles. There he had lunch with Mr. Nott, superintendent, who testified that they had nothing to drink but discussed business and made plans for the next week's work. He did not notice anything unusual in Willingham's appearance, conversation or actions. Willingham left about 3:15 P.M., perfectly sober, to catch the Matapeake Ferry en route to his home in Baltimore, where he invariably spent his weekends, even when working out of town. The distance from Laurel to Matapeake is 63 miles. At six o'clock Willingham drove his car on the Matapeake Ferry for the crossing to Sandy Point.
Howard M. Higgins, a deck hand on the ferry, testified that Willingham had difficulty parking his car, and when he got out, he staggered slightly, but made his way to the saloon deck. The witness next saw Mr. Willingham as the ferry was coming into Sandy Point terminal, and noticed that he was then staggering more than ever, that he came down the wrong stairway, and had to go around the boat to reach his car. The witness asked him if he wanted him to drive the car off the ferry for him. Willingham's voice was not very clear and Higgins smelled alcohol faintly. Higgins got in the car, with Willingham beside him, drove off and parked it about 75 feet beyond the ferry slip, facing in the direction of Baltimore. Willingham told Higgins he was going home. Higgins left the engine running, brake on, and Willingham seated on the right side of the front seat. Higgins did not notice the car any more; he returned to the ferry, which pulled out in about ten minutes.
The witness John Higgins, also a deck hand on the ferry, testified that when Willingham drove on the ferry at Matapeake, he nearly ran him down.
From the end of the gangplank to the entrance to the runway to the ferry, on the Sandy Point side, is a distance of 60 feet. At the entrance, or shore end of the runway, a 5/8 inch chain is secured when the ferry is not in. The runway is wide enough for two lanes of traffic, but because of a fire the night before, one lane had been closed and obstructed by barrels on this day. From the entrance to the runway to the beginning of the improved roads, there is a large parking area, 206 feet in length, and 150 feet wide, illuminated by arc lights.
N. P. Whittle, a watchman at the ferry slip, testified that he saw a car parked about one hundred feet from the slip headed towards Baltimore, after the ferry pulled out. He paid no particular attention, as cars often wait for ferry passengers. At about 7:25 P.M., or about thirty-five minutes after the ferry had left, he saw a car moving toward the empty slip 'at a right good gait.' It struck the chain and broke it, covered the sixty feet of the runway, and plunged overboard into the empty slip. It proved to be Willingham's car. The police were called, Willingham was taken from the water and given artificial respiration, but did not revive. The police officer who worked on the decedent testified that he did not detect any odor of alcohol, or find any bottle on his person. The car was also pulled up. A witness testified that among other objects that fell from it was a half-pint bottle of whiskey still containing one drink.
The widow duly claimed and was allowed Workmen's Compensation. The award was affirmed on appeal by the Court sitting as a jury. Two issues were presented to the commission and the trial court: (1) Whether the decedent sustained an accidental injury 'arising out of and in the course of' his employment, resulting in his death, and (2) whether his death was due solely to intoxication while on duty. By motion for directed verdict in the trial court, the appellant urged that the decedent's death was due to his wilful intention, or solely to his intoxication, or that in any event the evidence showed such a deviation from the course of his employment, that the accident cannot be said to have arisen out of...
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