Custer v. Hartford Insurance Co.

JAMES M. SMART, JR., Judge,

dissenting.

Mr. Custer, whose work was over for the day, was no longer “in the course of his employment” at the time of this injury.

I start with the observation that the claimant’s injuries bore a circumstantial or positional relationship to his employment. The claimant, a few minutes before the accident, had been engaged in work for his employer; and, were it not for his work, he presumably would have been somewhere else at the time of the accident. Because of the positional relationship of the injury to his employment, and because of natural sympathy as to his…