Norwich bulletin., 1915-08-24
$3.50 AWARD FOR MRS. MCKAY
Commissioner Finds That Charles J. Mckay
Was Fatally Injured While IN the Course of His Employ
ment by the Metropolitan life Insurance Company
Was About to Board Car for Greenevle Collect In
smance When Struck by Automobile.

which agents will make collections
when he does not have this book with
him as IN probably true in the pres
ent case.
Few Collections in the Evening.
There are some policyholders car
rying industrial insurance who are
dilatory in payments and the agent,
instead OF going in the day time to
collect has to go at time when it
suits the convenience of the insured
to meet the payments; for instance,
If an agent goes in the evening he
probably does so at the request Of the
insured. or he goes for some other
reason which suits that particular case
and in WHICH case when he would be
making evening collections, he prob
ably would not have a great number
to make, and consequently would not
carry around the large insurance book
on which he makes his credits, which
is rather heavy book and inconveni
ent to carry, but does SO IN his prf-
vate memorandum and transfers it as
soon as he reached his home.
If an agent starts out to make two
or three collections on cases where
he cannot collect in the day time, it
he is not going to carry around this
cumbersome book for the sake of
crediting up very small amount OF
money, and while it may be rule
to carry this collection book, it is a
rule which is undoubtedly broken by
every agent as often as necessity de-
mands 1t, for whenever an agent is
offered money, whether he has his book
with him or not, 1t is not expected that
he will refuse il, and many a collec-
ton on Industrial insurance has to be
made on the street and at time when
nobody is expecting a collection can
be made.
On His Way TO Greeneville.
On the night in question, June I'd,
Mckay had collected insurance from
Mrs. jain of Fox Hill; he was in her
house, leaving the door as the clock
struck seven, as she stated in her
testimony. Fox Hill is in close proxi-
NIFTY to the town of Preston, where
PouQuetanuck is located, and it was
one Of the sections in which Mckay
was expected to collect. The distance
from Mrs. Jahn's home to the place
where Mr.. Mckay received his injury
is somewhat less than a mile, and it
would appear that Mckay went direct
ly from Mrs. Jahn's home to the Mar
guerite Building, his purpose being to
collect insurance from another party
in Greeneville, one James Quinn, who
had agreed to pay him on the night in
question If he would call at his home
for the money. 1t appears from the
coroners finding that Mckay was
about 70 board car and the testimony
tends to show for the purpose of full
filling an agreement which he had
made with Quinn to collect the insur-
snce. in question.
Was Out to Collect Insurance.
TIE fact that Mr.. Mckay had coll
lected insurance from Mrs. jain, and
had gone to the trolley to board it for
Greeneville to meet Quinn by an
agreed appointment. shows conclusive
~ that Mckay was out for the purpose
OF collecting insurance for the COM
pany and that he received an injury
of his employment. which injury re-
suited in his death
Injury in Course of Employment.
While there is no claim of any seri-
ent that the injury must be peculiar
to the employment and not common 10
the neighborhood," that statement n
itself unqualified or unexplained would
be very far from the proper test of an
injury arising out of and in the
course of employment. The injury
must be Incidental to the character
of the business, and in the present in
stance the character of Mr.. Mckay S
business was that of going from house
to house undergoing a hazard continu-
ously while engaged in this work, and
undergoing such dangers as ultimate
~ caused his death.
It might be well and of advantage
to quote the words of Chief Justice
Rugg IN the famous McNicol case
where he defines the words injury
arising out OF and in the course of
employment:
Tt is not easy nor necessary to the
determination of the case at bar to
give a comprehensive definition of
these words personal injury arising
out of and in the course of his en-
ployment) which shall accurately in
,clude all cases embraced within the
act and with precision exclude those
outside its terms. 1t is SUFFICIENT to
say that an injury is received in the
course OF the employment when il
comes while the workman is doing the
duty which he is employed to perform
1t arises out of the employment when
there is apparent to the rational mind
upon consideration of all the circum-
stances a cauSal connection between
the conditions under which the work
Is required to be performed and the
resulting injury 1t need not
to have been foreseen or. expected, but
after the event it must appear to have
had its origin in the risk connected
with the employment and to have
flowed from that source as a rational
consequence. The injury came while