Mutual Life Ins. Co. of New York v. Baker

Dissenting Opinion.

Smith, C. J.,

delivered a dissenting opinion.

To the statement of facts in the controlling opinion I will add only this: The appellant obtained his employment as a truck driver because of circumstances which in the very nature of things will probably not soon again occur. He was never required by his employer to drive the truck more than five miles per day, and there were “days and days” when he was not called upon by his employer to perform any service whatever in connection with Ms employment. He suffered pain at night throughout this period of his employment.

All of the…