State Highway Commission v. Wilhite

This is an appeal from an award of the Industrial Board in favor of the appellee under the Indiana Workmen’s Compensation Act. On August 16, 1938, the appellee was operating a mowing machine propelled by a team of horses along a state highway in Pike County as the employee of the appellant. A motor vehicle driven by Wilbur Shelton for Samuel L. Barnett collided with the team, killing one of the horses, damaging the harness and mowing machine, and inflicting personal injuries upon the appellee.

In the proceedings before the Industrial Board, the appellant filed a special answer, setting up that…