State ex rel. McCarthy Brothers Company v. District Court of Hennepin County
| Decision Date | 01 November 1918 |
| Docket Number | 21,103 |
| Parties | STATE ex rel. McCARTHY BROTHERS COMPANY v. DISTRICT COURT OF HENNEPIN COUNTY AND OTHERS |
| Court | Minnesota Supreme Court |
Upon the relation of McCarthy Brothers Company the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Charles S. Jelley, one of the judges thereof, to review the proceedings in that court under the Workmen's Compensation Act brought by Blanche Von Hagen, as widow and mother of three children against relator, as employer. Affirmed.
Workmen's Compensation Act -- death outside of Minnesota -- right to compensation.
Respondent's husband resided at Bismarck, North Dakota. He was in the employ of the relator, whose principal place of business was at Minneapolis, Minnesota. He received a salary and traveling expenses, excepting board while at his home. His duties were to solicit the shipment of grain from west of the Missouri river to relator, for sale on commission. While on his way home from his field of labor on Sunday morning, he came to his death by accidental drowning, while attempting to cross the Missouri in a row-boat. Held, that his dependents are entitled to recover compensation under the Minnesota Workmen's Compensation Act.
Cray & Eaton, for relators.
McNamara & Waters, for respondents.
Certiorari to the district court of Hennepin county to review a judgment granting to respondents compensation under the Minnesota Workmen's Compensation Act for the death of Arnold Albert Von Hagen, husband of respondent Blanche Von Hagen, and father of the three minors mentioned in the complaint.
The cause was tried before the court without a jury and submitted for decision upon the pleadings and proofs of the parties. The court made findings of fact and conclusions of law and ordered judgment that respondents have and recover the sum of $11 per week for 300 weeks; $100 funeral expenses and $74.60 costs and disbursements. Judgment was entered accordingly.
On April 8, 1917, and for a number of years prior thereto, Von Hagen resided with his family at their home in Bismarck, in the state of North Dakota. Bismarck is on the east and Mandan a few miles distant on the west side of the Missouri river. Von Hagen was in the employ, upon a salary and traveling expenses, excepting board and lodging while at his home, of McCarthy Brothers Company, a Minnesota corporation doing a general grain brokerage business in the city of Minneapolis, this state. The contract of employment was made there. It was Von Hagen's duty to travel about, call upon the grain dealers throughout his territory, and solicit the shipment of grain to relators at Minneapolis, for sale on commission. He was given no directions as to how or where he might travel, such matters being left to his judgment. Relator's business cards, which were presented to its customers, gave Von Hagen's address as Bismarck, North Dakota. It was there he received his mail.
Decedent spent the night of Friday, April 6, at his home. The following morning he went to New Salem and transacted some business, returning by way of Mandan where he arrived at about 7 or 8 o'clock Saturday evening. The channel of the Missouri river where the railway crosses from Bismarck to Mandan is about 600 feet wide and spanned by a high bridge. It is about two miles from the westerly end of this bridge across bottom lands to the easterly yard limits in the city of Mandan....
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