Cardwell v. Industrial Commission
Cardwell v. Industrial Commission
Opinion of the Court
Plaintiff was the manager of an open 'parking lot of a small used-car dealer. This lot was located at Perry and Third streets in Dayton about one-half mile east of the Great Miami river.
Plaintiff lived on Greencastle street near German-town avenue, almost one mile to the west of the Great Miami river and somewhat to the south of the location of the parking lot.
About 3 p. m. on Sunday, November 24, 1946, the plaintiff and his wife left their home in his employer’s automobile on a trip which was admittedly strictly personal to the plaintiff and his wife and in no respect
According to the testimony, the plaintiff had previously been told by his employer to turn on the lights at the parking lot as soon as it got dark. When it became dark about 7 p. m., plaintiff was at Home avenue and McCall street. This was almost one and one-half miles to the west of the plaintiff’s home. The plaintiff proceeded east on McCall street and was struck by a train at a railroad crossing, receiving the injuries for which he sought compensation under the Workmen’s Compensation Act. The railroad crossing, at which the plaintiff received these injuries, was located on McCall street almost one mile to the east of Home avenue, about one-third of a mile to the west of plaintiff’s home, and about one and three-quarter miles from the parking lot.
Plaintiff’s testimony was that he was subject to call at all times; that, because of this, he received calls at his home from his employer as to duties to be performed ; that he was supposed to turn on the lights at the parking lot as soon as it got dark; and that, at the time of the accident, he was not only driving toward the parking lot for the purpose of turning on the lights, but was also planning to stop at his home to see whether there had been any calls for him.
Plaintiff argues that, when he began his return trip, which was to be from Home avenue and McCall street to his home and from there to the lot and for which transportation was furnished by his employer, he entered the course of his employment, especially since the evidence disclosed that he was subject to call at all hours, was on duty 24 hours a day, and was traveling to his home and from there on to the lot for the purpose of turning on the lights at the parking lot as his employer had previously ordered him to do. This disregards the admitted fact that, at 3 p. m., he had left
None of the decisions of this court, relied upon by plaintiff, would justify a decision in his favor. In DeCamp v. Youngstown Municipal Ry. Co., 110 Ohio St., 376, 144 N. E., 128, the injury occurred at the car stop where the employee left a streetcar, upon which his employer had contracted to carry him to and from work, to go to his employment. On the facts in the
The judgment of the Court of Appeals is reversed and that of the Common Pleas Court is affirmed.
Judgment reversed.
Reference
- Full Case Name
- Cardwell v. Industrial Commission of Ohio
- Status
- Published