Carey v. Bryan & Rollins

Herrmann, J.:

The Industrial Accident Board awarded workmen’s compensation to the claimant for injuries sustained by him when a pick-up truck, which he was driving, ran off the road and struck a telephone pole. According to the uncontroverted testimony of the claimant, he was driving in a 50 mile per hour zone at a speed of “better than fifty-five; 55, 65, something like that”. While driving at that speed, the claimant attempted to light a cigarette and, in so doing, the cigarette dropped to the seat or the floor of the truck. The claimant reached down to search for and recover the cigarette,…