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eBook details

• Title: Industrial Commission v. Murphy
• Author : Colorado Supreme Court
• Release Date : January 14, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

There are few conflicts in the evidence and most of those apparent can be reconciled. In any event the commission was at liberty to find the foregoing. If this were all, the inevitable conclusion would be that the district courts judgment was wholly unsupported. Murphys theory, however, is that his baseball activities were the result of company pressure exerted through ODell, but since the latter denied it we must assume the commission found against it. Moreover, say counsel for Murphy, these baseball games were sponsored by the company for the purpose of maintaining the morale of the employees and keeping them satisfied; that with the knowledge and approval of the company they had become a settled custom, hence an injury arising out of them exhibits a causal relation to the employment and is compensable. Several cases are cited but we think with one exception, and possibly the authorities therein referred to, they throw no light on the question. That case is Conklin v. Kansas City Public Service Co., 226 Mo. App. 309, 41 S.W. (2d) 608. In the Conklin case an employee was struck in the eye by a baseball bat while watching an indoor baseball game on the employers premises during the noon lunch hour.

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