Colorado Contracting Co. v. Industrial Commission

The Industrial .Commission awarded compensation to Gladys Smith and her infant son, Melvin Edwards Smith, for the death of her husband, Clarence E. Smith. The district court affirmed the award. The employer and the insurer bring up the case for review.

We think the district court was right. The question is whether deceased was in the course of his employment when he was killed. The employer was engaged in laying cement paving between Manitou and Colorado City. Smith’s duty was to watch and patrol the line of work from dusk till dawn. August 15, 1922, at about 7 o’clock at night, while running…