Employers Liability Assurance Corp. v. Montgomery

This was a claim for compensation on account of the death of the claimant’s husband. It was undisputed that the decedent met his death when the automobile in which he was traveling in the performance of his duties as a traveling salesman for the defendant employer overturned. The right of the claimant to compensation was disputed upon two grounds: first, that the decedent was an independent contractor, and not a servant of the employer; and, second, that his death was the result of his own misconduct in operating the automobile while intoxicated and at a greater rate of speed than that…