Legal Opinion

Joseph B. McKenna v. City of Waterbury

Connecticut Superior Court

Decided June 18, 1948No. File 17522Published

1Opinion of the CourtQuinlan, J.

This appeal from the workmen’s compensation commissioner arises from an accident sustained by a city fireman while playing volley ball on the firehouse premises, at a time when he had no specific duty to perform.

I think I have examined all the Connecticut cases on the particular point involved and if a recovery is to be had it must largely rest upon the case of Smith v. Seamless Rubber Co., 111 Conn. 365, 368.

There our Court said:

“Where an employer merely permits an employee to perform a particular act, without direction or compulsion of any kind, the purpose and nature of the act becomes of…

2Cases cited5 opinions

  1. Smith v. Seamless Rubber Co.Supreme Court of Connecticut · 1930
  2. Clark v. Chrysler CorporationMichigan Supreme Court · 1936
  3. Kuharski v. Bristol Brass CorporationSupreme Court of Connecticut · 1946
  4. Mulligan v. OakesSupreme Court of Connecticut · 1942
  5. Kelliher v. New Haven Clock Co.Supreme Court of Connecticut · 1936

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