Hester v. Flowers

This is an appeal on questions of law taken from an order of the Court of Common Pleas of Warren County granting plaintiff, appellee herein, the right to participate in the benefits of the Workmen’s Compensation Act.

Plaintiff’s deceased husband was engaged as a truck driver hauling stone to construction projects and, ordinarily, reported to work at 7 a. m. However, on September 4, 1964, decedent was requested by his employer to come to work the next day at 6 a. m. and to transport with him (on decedent’s motorcycle) a fellow worker.

On September 5, 1964, at about 4:57 a. m., the motorcycle was…