Ætna Life Insurance v. Carroll

(After stating the foregoing facts.)

The main question in this case is whether compensation for the death of an employee, caused by a collision between his automobile and a train should be denied merely because the employee violated the traffic law embraced in section 2 of the act of August 15, 1921, such violation being made a crime, upon the ground that the failure to observe such law on approaching a railroad-crossing was wilful misconduct or wilful failure or refusal to perform a statutory duty within the meaning of section 14 of the workmen’s compensation .act of this State. That section…