Eisen v. Black & White Cab Co.

Lyle Brown, Justice.

The Workmen’s Compensation Commission denied appellant Eisen’s claim for benefits and on appeal to the circuit court the Commission was affirmed. The claim was rejected on the grounds that ,(,1) Eisen was not an employee of appellee Black & White Cab Company, and (2), assuming the employer-employee relationship existed, Eisen was not within the scope of employment at the time of his injury.

On the night of October 11, 1965, Eisen was operating a taxicab. After discharging his passenger at a motel he was flagged by a motorist whose car was stalled because of battery trouble.…