Opinion
Gen. No. 43,615. (Abstract of Decision.)
Opinion filed February 5, 1947 Released for publication February 21, 1947
WORKMEN'S COMPENSATION, § 45 — violation of employer's instructions as not precluding injuries from arising out of and in course of employment. Fact that driver who had duty of housing truck in garage after day's work took truck home at that time for personal convenience and returned it to garage one hour thereafter in violation of employer's instructions, did not preclude injuries sustained by driver when struck by street car as he was about to turn into garage from arising out of and in course of his employment so as to be covered by Workmen's Compensation Act, and consequently his common-law action against railway company was barred.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. GEORGE W. BRISTOW, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1945.
Joseph Barbera and Earle E. Friedlander, for appellant;
James O. Dwight, Thomas M. Morris and Arthur J. Donovan, for appellees;
William J. Flaherty, of counsel.
ON REHEARING.
Not to be published in full. Opinion filed February 5, 1947; released for publication February 21, 1947.