Smedley v. Frank & Seder Co.

Opinion by

Keller, J.,

Claimant’s son was employed by the defendant, Frank & Seder Company, as a truck driver. He was killed, while driving the Company’s truck, at 12:30 o’clock A. M. on May 3, 1933, in a collision with a trolley car. The referee and the Workmen’s Compensation Board awarded compensation to his dependent mother. The court below reversed on the ground that at the time of the accident he was not in the course of his employment.

The circumstances attending his driving the truck at the time of the accident may be stated as follows: Richard Uber, the store detective of defendant…