American Mutual Liability Insurance v. Smith
American Mutual Liability Insurance v. Smith
Opinion of the Court
In American Mutual Liability Insurance Co. v. Herring, supra, it was held, that, although the night watchman in that case was shot “by some person whose only motive was to commit a robbery upon him,” the industrial commission was “authorized to find that the claimant was shot and injured while performing his regular duties as a lone night watchman at the manufacturing plant of his employer; . . that, owing to the nature of his employment, he was subjected to special danger from persons inclined to such violence;” and that the injury was “one arising out of the employment, within the purview of the compensation act.” In the instant case the employer and its insurance carrier contend that the Department of Industrial Relations failed to make any specific finding as to the facts, but merely made the legal conclusion that “ there have been a number of cases in which night watchmen have been killed, and the courts invariably hold that the injuries from which they died are compensable.” However, this language, after a statement of the evidence, was immediately followed by an express finding, that, “from the undisputed testimony, the deceased . . lost his life while in the discharge of his duties as a watchman, and that the killing arose out of and in the course of employment.” In the opinion in the Herring case it was said that “the evidence warranted also a finding that owing to the location of the plant, together with the nocturnal and solitary nature .of the employment, the employee was subjected to special danger from persons inclined to robbery or other violence, and thus that the particular injury arose out of the employment.” Although in the instant case there was some testimony tending to indicate a slight partial police protection of
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.