Pelow v. State of Vermont Highway Department

Supreme Court of Vermont

Pelow v. State of Vermont Highway Department

146 A. 6, 102 Vt. 90, 1929 Vt. LEXIS 147

Supreme Court of Vermont·Decided May 8, 1929·Published·Cited by 1 cases

Opinion

Slack, J.

This case was heard with the Bundy Case reported in 102 Vt., at page 84, 146 Atl. 68. Pelow fired the engine which Bundy operated. The essential findings in the two cases are identical, and so need not be restated here. The commissioner held in this case, as in the Bundy Case, that the death of the deceased resulted from an accident arising out of and in the course of his employment. For the reasons stated in the Bundy Case this holding was error.

Order vacated, award set aside and claim dismissed with costs. Let the judgment be certified to the commissioner of industries.

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Slack, J.

This case was heard with the Bundy Case reported in 102 Vt., at page 84, 146 Atl. 68. Pelow fired the engine which Bundy operated. The essential findings in the two cases are identical, and so need not be restated here. The commissioner held in this case, as in the Bundy Case, that the death of the deceased resulted from an accident arising out of and in the course of his employment. For the reasons stated in the Bundy Case this holding was error.

Order vacated, award set aside and claim dismissed with costs. Let the judgment be certified to the commissioner of industries.

Pelow v. State of Vermont Highway Department, 146 A. 6, 102 Vt. 90, 1929 Vt. LEXIS 147 (Vt. 1929).

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