Merlino v. Connecticut Quarries Co.
Supreme Court of Connecticut
Appeal by the defendants from a finding and award of the Compensation Commissioner of the third district in favor of the plaintiff, taken to the Superior Court in New Haven County where the finding of the Commissioner was corrected by striking out the statement, among others, that the injury sustained by the decedent arose “out of and in the course of his said employment” (Case, J.), and judgment was rendered vacating the award and dismissing the claim, from which the…
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Appeal by the defendants from a finding and award of the Compensation Commissioner of the third district in favor of the plaintiff, taken to the Superior Court in New Haven County where the finding of the Commissioner was corrected by striking out the statement, among others, that the injury sustained by the decedent arose “out of and in the course of his said employment” (Case, J.), and judgment was rendered vacating the award and dismissing the claim, from which the plaintiff appealed. This is a proceeding under the Workmen’s Compensation Act by Ernesto Merlino, widow- and dependent of…
1Opinion of the CourtBeach, J.
The injury arose out of the employment, at a place within the danger zone created by the business of the employer. That being so, the only question remaining is whether it was fairly consistent with the performance of the contract of employment that Merlino should be at or about the place at or about that time. In Mann v. Glastonbury Knitting Co., 90 Conn. 116, 96 Atl. 368, we pointed out that where an injury arising from a risk of the business is suffered while the employee, though not doing the work for which he was employed, is still doing something which the employer has expressly or…
2Cases cited1 opinion
- Mann v. Glastonbury Knitting Co.Supreme Court of Connecticut · 1916
3Cited by30 opinions
- Bountiful Brick Co. v. GilesSupreme Court of the United States · 1928
- Gonier v. Chase Companies, Inc.Supreme Court of Connecticut · 1921
- Rish v. Iowa Portland Cement Co.Supreme Court of Iowa · 1919
- Procaccino v. E. Horton & SonsSupreme Court of Connecticut · 1920
- Petroleum Casualty Co. v. GreenCourt of Appeals of Texas · 1928
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