Diaz v. Warren Brothers Co.
Supreme Court of Connecticut
Appeal from a finding and award of the Compensation Commissioner for the fifth district in favor of the plaintiff, taken to and tried by the Superior Court in New Haven County, Warner, J., which affirmed the award and dismissed the appeal, and from this judgment the defendant appealed.
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Appeal from a finding and award of the Compensation Commissioner for the fifth district in favor of the plaintiff, taken to and tried by the Superior Court in New Haven County, Warner, J., which affirmed the award and dismissed the appeal, and from this judgment the defendant appealed. On September 8th, 1919, and for a considerable time prior thereto, the defendant was and had been engaged in executing contracts for the grading and surfacing of streets in the city of Waterbury. These streets were often widely separated and a large number of workmen were regularly employed upon the different…
1Opinion of the CourtPrentice, C. J.
The plaintiff, at the time he was injured, had completed his day’s work for the defendant, put away his tools and started to go home. In the pursuit of .this latter purpose he was engaged in no service for which he was employed, nor any incident of it, and in no attempt to advance the latter’s interests. He was intent solely upon an affair of his own, to wit, reaching his home. His employer was under no obligation, contractual or otherwise, to furnish him transportation, as was the case in Swanson v. Latham, 92 Conn. 87, 101 Atl. 492. It, therefore, had no atom of authority over the method…
2Cases cited6 opinions
- Swanson v. LathamSupreme Court of Connecticut · 1917
- Marchiatello v. Lynch Realty Co.Supreme Court of Connecticut · 1919
- Sala v. American Sumatra Tobacco Co.Supreme Court of Connecticut · 1918
- Merlino v. Connecticut Quarries Co.Supreme Court of Connecticut · 1918
- Fiarenzo v. Richards & Co.Supreme Court of Connecticut · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Walker v. HydeIdaho Supreme Court · 1927
- Rock County v. Industrial CommissionWisconsin Supreme Court · 1924
- Royalty Indemnity Co. v. MadrigalCourt of Appeals of Texas · 1929
- Saba v. Pioneer Contracting Co.Supreme Court of Connecticut · 1925