Procaccino v. E. Horton & Sons
Supreme Court of Connecticut
Appeal by the plaintiff from the refusal of the Compensation Commissioner of the first district to award compensation for an injury to the plaintiff’s husband resulting in his death, upon the ground that it did not arise out of his employment, taken to and heard by the Superior Court in Hartford County, Malibie, J., which affirmed the decision of the Commissioner, and from this judgment the plaintiff appealed.
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Appeal by the plaintiff from the refusal of the Compensation Commissioner of the first district to award compensation for an injury to the plaintiff’s husband resulting in his death, upon the ground that it did not arise out of his employment, taken to and heard by the Superior Court in Hartford County, Malibie, J., which affirmed the decision of the Commissioner, and from this judgment the plaintiff appealed. The decedent was employed in a manufacturing establishment conducted by the defendant in Windsor Locks. A canal runs southerly parallel to the Connecticut River, and between the canal…
1Opinion of the CourtCurtis, J.
The question in controversy in this case is whether the injury to the employee arose within and out of the course of his employment. The two neighboring foot-bridges over the canal, maintained by neighboring plants, were used indiscriminately by employees of the nearby plants. The fact that the defendant and an adjoiningc manufacturing concern owned and controlled one of the foot-bridges crossing the canal, from which a pathway led over the railroad tracks to Main Street, and which bridge apparently had no other use than as a way of approaching or leaving the plants to and from Main Street,…
2Cases cited9 opinions
- Sundine's CaseMassachusetts Supreme Judicial Court · 1914
- Fumiciello's CaseMassachusetts Supreme Judicial Court · 1914
- Starr Piano Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1919
- Merlino v. Connecticut Quarries Co.Supreme Court of Connecticut · 1918
- Keaney's CaseMassachusetts Supreme Judicial Court · 1919
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3Cited by46 opinions
- Cudahy Packing Co. Of Nebraska v. ParramoreSupreme Court of the United States · 1924
- Lumberman's Reciprocal Ass'n. v. BehnkenTexas Supreme Court · 1922
- Bountiful Brick Co. v. GilesSupreme Court of the United States · 1928
- Novack v. Montgomery Ward & Co.Supreme Court of Minnesota · 1924
- Industrial Commission v. HenryOhio Supreme Court · 1932
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