Wood v. Snyder, 12205.
| Decision Date | 23 April 1925 |
| Docket Number | No. 12205.,12205. |
| Citation | 147 N.E. 314,83 Ind.App. 31 |
| Parties | WOOD v. SNYDER et al. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Industrial Board.
Proceeding for compensation under the Workmen's Compensation Act by Homer S. Wood, employé, opposed by James M. Snyder and others, employers. Application dismissed by Industrial Board, and claimant appeals. Reversed, with directions.
Brenton A. Devol and Thomas M. Ryan. both of Frankfort, for appellant.
Turner, Adams, Merrill & Locke and Paul E. Beam, all of Indianapolis, for appellees.
Appellant, while an employé of appellee, was injured in an accident arising out of and in the course of his employment.
Appellees, as contractors, were building a gravel road in Clinton county near the town of Colfax. Appellant, as one of their employés, at the time of the accident was driving a motor truck on the public highway after having hauled and unloaded a load of gravel. Appellant did not have a chauffeur's license, as required by law.
Sections 10476e, 10476f, Burns' 1914 (sections 18, 19, Acts 1913, p. 779), make it a misdemeanor for any person to operate or drive a motor vehicle as a chauffeur on a public highway, without having a chauffeur's license, and section 8 of the Workmen's Compensation Act (Acts 1919, p. 158) provides that-
“No compensation shall be allowed for an injury or death due to the employee's intentionally self-inflicted injury, his intoxication, his commission of a felony or misdemeanor. ***”
Appellees in support of the action of the Board in refusing to award compensation and in dismissing appellant's application insist that the simple fact that appellant was injured while driving the truck for hire without having a chauffeur's license bars compensation, irrespective of whether the injury was due to or caused by reason of, the failure to obtain such license. We cannot concur with this contention. Neither the finding nor the evidence shows that the failure of appellant to have a chauffeur's license had anything to do with causing the injury. In other words, the injury was neither due to nor caused by a misdemeanor.
Indiana Mfrs.' Ass'n v. Dolby, 77 Ind. App. 116, 133 N. E. 171,Driscoll v. Weidely Motors Co., 77 Ind. App. 10, 133 N. E. 12,In re Stoner, 74 Ind. App. 324, 128 N. E. 938,New Albany, etc., Co. v. Davidson, 189 Ind. 57, 127 N. E. 904, and similar cases cited by appellees, construing statutes forbidding the employment of children in certain occupations,...
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...113 Ind.App. 280, 46 N.E.2d 262; Phillips v. Jackson (1925), 83 Ind.App. 135, 147 N.E. 818; McCall v. Sison, supra; Wood v. Snyder (1925), 83 Ind.App. 31, 147 N.E. 314. Sanders' argument regarding the unintentional nature of the misdemeanor as a mitigating factor is not persuasive. The stat......
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