Kendrick v. Nationwide Homes, Inc.

Opinion

MOON, J.

Jesse P. Kendrick, an employee of Nationwide Homes, Inc., was killed on his way home from work when a train struck his automobile while crossing the right of way adjoining his employer’s business. Claimant, decedent’s wife, appeals an Industrial Commission decision denying an award to Kendrick’s estate. The commission held that Kendrick’s death occurred while going to or from work and did not fall within any of the well recognized exceptions; therefore, his death did not arise out of his employment. We agree with the commission and affirm the decision.

Whether an accident arose…