Justice v. Call Bros. Hardware
Justice v. Call Bros. Hardware
Opinion of the Court
Affirming.
Bon Justice, an employee of Call Brothers Hardware Company, a corporation, was injured in an automobile accident on May 13, 1943. Both the employer and employee had accepted the provisions of the Workmen’s Compensation Act, KRS 342.001 et seq. Justice, who was employed as a plumber’s helper, returned to work a few weeks after the accident, and continued to work for Call Brothers Hardware Company until some time in July, 1947, at $20 a week, the same wages he received before the accident. On March 24, 1944, he filed his application for compensation with the Workmen’s Compensation Board. The deposition of one witness, the driver of the automobile in which the claimant was riding when he received his injury, was taken, but no further proof was taken until 1947. The case was finally submitted, and on May 18,1948, a referee of the B.oard
Prior to his death in 1939, J. W. Call owned two adjoining buildings in Pikeville. One was occupied by Call Brothers Hardware Company, a corporation, in which J. W. Call owned 70% of the stock, Mrs. J. W. Call 10%, and "W. P. Call, son of J. W. Call, the remainder. J. W. Call conducted an undertaking business in the other building under the. style of J. W. Call & Son Funeral Home. In his will J. W. Call devised and bequeathed to his son, W. P. Call, his interest in the Hardware Company and the building occupied by it, and to his grand-. son, John George Call, son of W. P. Call, the undertaking business and the building occupied by it. J. W. Call maintained a joint Workmen’s Compensation register for the two establishments, ahd after his death this register was continued until 1945. Each establishment had five or six employees, and each paid one-half of the insurance premiums. W. P. Call testified that he had no interest in and no control of the undertaking business, and that John George Call had no connection with the Hardware Company. The two concerns were separate and distinct entities, but the relationship between them was close and it was customary for the employees of the Hardware Company to assist in the undertaking establishment when called upon.
Appellant was injured while riding in an ambulance owned by the Call Funeral Home and operated by one of its employees, Henry Leedy. He claims that Mrs. J.
“How come him to go? A. His boss told him he could go; I asked Granny Call.
“Q. Is she called Ollie Call? A. They call her granny, I don’t know really what her name is, and I asked her if he could go with me, and she said he could.”
Later this question was asked: “What did he go with you for?” and the witness answered: “Just to go with me, just to be going.” It is a reasonable inference from the evidence that Leedy wanted company on the trip to Salyersville, a distance of 50 miles; that he requested appellant to go with him, and appellant went along for the ride. The flowers had been placed in the ambulance before Leedy asked appellant to accompany him, and it is improbable that appellant’s employer would have sent him to Salyersville merely to help Leedy unload a few flowers.
The sole question presented to this court is whether or not there is any competent and relevant evidence of
Judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.