Norwich bulletin., 1917-02-10


 riod of 312 weeks dating from F'eb- ruary 7th for the death Of her hHs-
 band. John Foley: who vas killed by a reckless auto driver in Groton On October 24. 1916. in the course of his employment. The award carries with | it compensation for fifteen weeks (Oc-
 tober 25. 1916. to February G. 1st7l
 and. medical. surgical. hospital and
 In his finding which was announced
 late Friday afternoon. Compersation Commissioner James J. Donohuei findl by The Redden Construction Conn pany. Although at the time Of the accident Mir. Foley was perfoymins
 services for the F. H. and A. H. Chap
 Re had been leaned by the Redden Construction company, The commits sioner finds tf4t the Redden Construc- tion company were the governing pow CT over the services and salary ct MT.
 Leaned by Rsdssn Company.
 The case was heard in the commits
 sioner's ofice on Monday. January i5. It appears from the evidence that the deceased. John Foley. had owned two horses and a dump cart for about a year previous to the time of his death and had done tearning. On two different occasions he had been en- ployed by the Redden sConstructier | company. who are engaged In con- struction work and trucking and fur nishing teams for hire. The F. H. & A. H. ChappelI company are engaged l in the coal and lumber business and | had called on the construction cou1- pany for teams to do the carting re- quired. Mir. Redden. the president ct the Redden Construction company.
 testified at the hearing that he vas employment which he. did. sending ! him with his team to the Chappeil company to cart coal. the same as he had sent other teams on different oc- casions for the same purpose.
 | Cartinq Coal for chappeiI Company. From the testimony it is found that ! on October 24th, 1916. Foley was cart | ing coal for the F. H. and A. H. Chap pen company, in the town of Grcton and after making his delivery of coal | his team was run into by an auton1o- | bile and he was thrown from the driv- CTS seat and was run over by his own team and received injuries which re- suited in his death on the followtns l day. It is found that said injuries and death arose out of and In the course of his employment. and with Y out any serious and wilful miscor- duct or intoxication on his part con- tributing thereto.
 It is found that the Chappeil com lpany paid the Redden company $5.5o \ per day for each team furnished by the Redden company, and. from the testimony of William Redden. 1t Is
 same amount. that is s5.5o per day for his team. MT. Redden also stated that he paid his teamsters $12 per week for their services when they did not furnish their own team.
 Average Weekly Wage SIP. According to the. statutes 1t is
 weekly wages of the deceased were SIP.
 It is found that John Foley left sur viving him his wife and the follow l ing children: Joseph. aged P: John. 20. James. IT: Mary. A. and Helena. 12 years. It is found that the claim ant was living with her husband at the time of his death and receiving support from his regularly and Is found to be the sole dependent of said John Foley.
 The hearing was called for the pur- pose of deciding who was the employ CT of John Foley at the time of his death and for the reasons which the commissioner sets forth in a memo randum of decision. which is made a l part of the finding and award. 1t Is l of the Redden Construction company.
 The Compensation Awarded. | It is awarded that the respondents, The Redden Construction company, and the Employers Liability Assur-
 ance corporation shall pay to Mary Foley. the claimant, compensation for fifteen weeks. (October 25th, 1916. to the rate of six dollars weekly, amounting to $90, the same to be paid In a lump sum. and that com pensation at the same rate, six dol lars. weekly, shall be paid for a pe-
 riod not to exceed weeks in the total from February ', 1917; also that the said Redden Construction company shall assume the payment of all med : | h0Snffaf a | cording to Section z of the act as
 amended; also that said Redden Con- | struction company shall pay to the | claimant, $100 for burial expenses. paid the claimant through her attor- ney, and all future payments to be l made direct to said Mary Foley at whatever address she may from time to time indicate.
 In the opening part of his memo randum of decision the commission
 CT reviews at length the circumstances leading up to the death of MT. Foley. Further on in the memorandurn the commissioner says:
 Mir. Redden testified that in finding employment for Foley he simply did so as a friend trying to give him a profit on the individual team of Fo- ley's but gave him the fuil amount which was paid to the Redden coisi- pany by the Chappell Go. for the team
 
 | ter of Mir. Foley. GExhihit Nc. D for the services rendered during Eeptem- Der Gw Foley to the Redaen coa11p&ny. The bill In question was paid by the Redden people, as was also bill for services rendered up to and incIHd-s ing October e4. 1918 Con which date the employe was iniured1 which biii was paid to the widow of John Foley by tho Redden Construction cona- pany. (Exhibit No. 2.)
 Reddsn cempany's Claims. The claims made by the attorney for the Redden Construction Go. are: That John Foley was an tradepend- ent contractors that hts injury did not arise out of his employment; that the relation of employer and efnpIoye did not exist between him and the F. Fl. and A. H. Chappeil company.
 It seems to me that claims 1.ar1d s are at Fariance and somewhat con- tradictorys If Foley waa an indepestd-
 ent contractor then he could not he a,, ernpioye of the F. Fl. 6 A. Fl. Chapv
 pel cernpany or vice versa . se The second .elaina made by the at- tarney for tho Redden Co6sts-ffct3esa