Evans v. Yankeetown Dock Corp.

ON CIVIL PETITION TO TRANSFER

DICKSON, Justice.

This case is presented on appellant's Petition to Transfer. The petition is granted. The opinion of the Court of Appeals reported at 481 N.E.2d 121, is vacated.

The parties' briefs accepted the following underlying facts. Oscar Evans and Harlan Miller were both employees of Yankeetown Dock Corporation. On the morning of June 1, 1977, they were both to be at their work stations at 7:15 am. Oscar had arrived at Yankeetown that morning at the usual time, and was drinking coffee with fellow employees in an area of the main repair shop of the Yankeetown…