Siedlik v. Swift & Company
| Decision Date | 11 December 1931 |
| Docket Number | 28113 |
| Citation | 239 N.W. 466,122 Neb. 99 |
| Parties | BRONISLAWA SIEDLIK, APPELLANT, v. SWIFT & COMPANY, APPELLEE |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Douglas county: WILLIAM G HASTINGS, JUDGE. Affirmed.
AFFIRMED.
Syllabus by the Court.
Second accident occurring to employee while on his way to work at 6:30 a. m., held primary cause of death, and it was improbable that first accident, sustained at work, from which there was apparent recovery, was contributing cause.
Injury to employee from stepping into hole while on way to work and before reporting therefor, held not compensable as not arising " in the course of employment" (Comp St. 1929, § 48-152). Section 48-152, Comp. St. 1929, relating to " personal injuries arising out of and in the course of employment" is declared " not to cover workmen except while engaged in, on or about the premises where their duties are being performed, or where their service requires their presence as a part of such service at the time of the injury, and during the hours of service as such workmen."
Appeal from District Court, Douglas County; Hastings, Judge.
Proceeding under the Workmen's Compensation Act by Bronislawa Siedlik, claimant, against Swift & Co., employer, for compensation for the death of Stanley Siedlik, deceased employee. From an adverse judgment in the district court, claimant appeals.
Affirmed.
Anson H. Bigelow and Anthony Zaleski, for appellant.
George H. Winn and Brown, Fitch & West, contra.
Heard before ROSE, GOOD and DAY, JJ., and CHAPPELL and LANDIS, District Judges.
This action arises under the workmen's compensation law. Appellant Bronislawa Siedlik seeks to recover compensation for the death of her husband Stanley Siedlik from his employer Swift & Company, appellee.
The deceased, while working in appellee's cold storage room, piling barrels of meat, and wearing shoes with thick wooden soles, jumped down from a height of about three and one-half feet onto the cement floor. He complained that he had "jumped wrong," rubbed his leg and thereafter limpingly went over to other work where he was not required to life. He continued his work that day, but when he got home at night bathed his ankle, which was swollen and slightly red, in hot water, and applied salve and bandages. He applied home remedies for a week; limped for at least two weeks, but continued to work for appellee, losing no time until April 9, 1929.
The date of the accident is fixed by the widow as on a Friday two or three weeks before April 9. The Friday two weeks before would be March 22, and three weeks would be March 15. No report was made of the accident to the appellee, and the exact date on which it occurred is not otherwise definitely fixed in the record.
On April 9, 1929, the deceased had a second accident which happened near the Union Pacific depot, several blocks away from the appellee's plant. He was coming to work around 6:30 a. m., and stepped into a hole near the depot. When he got to the office of appellee his leg pained him; was bloodless and cold. He was immediately removed to the hospital. The deceased was at the hospital in the care of Dr. E. C. Henry from April 9 to the day of his death on June 10, 1929. The cause of his death was septicemia secondary to gangrenous leg, which was caused by obstruction of circulation to the leg below the knee.
Appellant's physicians were of the opinion that the March accident caused a hemorrhage into the muscle, commonly known as Charley horse; that the second accident of April 9 in...
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