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eBook details

• Title: Herberson v. Great Falls Wood & Coal Co.
• Author : Supreme Court of Montana
• Release Date : January 02, 1929
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Workmens Compensation ? Liberal Construction of Act Required ? Injuries Sustained Away from Premises of Employer ? When Employer or Insurer Liable ? Surgical and Burial Expenses Recoverable ? Appeal ? Findings of Trial Court ? When Controlling. Appeal ? Judgment Appealed from Presumed Correct ? Burden of Showing Error upon Appellant. 1. In entering upon the consideration of an appeal the supreme court indulges the presumption that the judgment of the district court is correct, and it will be upheld unless clearly shown to be erroneous, the burden of showing reversible error resting upon appellant. Workmens Compensation ? Liberal Construction of Act ? Appeal ? Findings of Trial Court Conclusive, When. 2. On appeal from an award made under the Workmens Compensation Act, after review by the district court, the supreme court will not reverse the judgment unless the evidence clearly preponderates against it; in such cases the findings and decisions of the lower court will not be disturbed where there is any evidence to support them, and in applying the law to the facts the statute must be liberally construed. Same ? When Employer or Insurer Liable to Payment of Compensation. 3. Before an employer or insurer may be held liable for injuries compensable under the Workmens Compensation Act they must have arisen not only out of the employment but also in the course thereof, and an accident arises "in the course of the employment" if it occurs while the employee is performing a duty connected with his employment. Same ? Injury Occurring Away from Premises of Employer ? When Claimant Entitled to Compensation. 4. If there is a causal connection shown between the injury of an employee claiming compensation under the Workmens Compensation Act and the business in which he was employed substantially contributing to the injury, liability exists, and the fact that the injury occurred on a public road or on premises adjacent to those of his employer is not alone conclusive against liability, nor is the fact that the danger to which the employee was exposed was one to which the general public was likewise - Page 528 exposed, it being sufficient if the employee was peculiarly subjected to the danger resulting in the accident by reason of his employment. Same ? Case at Bar. 5. It was the duty of an employee of a coal company each morning before the arrival of others employed at the coal yard to open a gate in the fence surrounding it; for that purpose he had been entrusted with a key. To reach the gate it had been his custom with the knowledge of his employer and without objection on the part of the employer, after alighting from a street-car, to cross premises adjacent to those of the employer. Alighting from the car on the morning of the accident, some 900 feet from the gate, and moving toward it, he was struck by an automobile, his injuries resulting in death the following day. Held, under the last above rule, that there was a causal connection between his injuries and the duties imposed upon him by his employer, and that the claimant, his widow, was entitled to compensation. Same ? Claimant Entitled to Compensation, Also Entitled to Surgical and Burial Expenses. 6. Under sections 2916 and 2917, Revised Codes 1921, as amended by Chapter 121, Laws of 1925, claimant, in addition to compensation, was entitled to reasonable surgical and hospital service, not exceeding $500 and burial expenses not in excess of $150, and in denying these both the Industrial Accident Board and the district court on appeal erred.

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