Denver labor bulletin., 1918-05-11

Charles E. Lynch. from a time
prior to August l, 1915, when the
workmen's compensation act became
effective, and until the time Of his
death, on September Il, 1915, was an
employe of the c. f. Walker Con-
tracing Company. Mr.. Lynch was
resident of the state of Colorado, and
the C. f. Walker Contracting Com
pany was and is n Colorado corpora
tion. with its principal office in the
city and county Of Denver. The con-
tract whereby Mr.. Lynch We origi-
nally employed or hired was made in
the state of Colorado.
Was Construction Foreman
The c. f. Walker Contracting Com
pany has a general contract with the
Mountain States Telephone a. Tele-
Icraph Company for the construction
, Of telephone exchange buildings at
different points in the states Of Colo
RADIO. Wyoming, Idaho. Montana.
Utah. Arizona and New Mexico.
Lynch was employed to act as fore
man in connection with the construc-
ton of these buildings.
On September l3, 1916. Lynch had
just completed his work as foreman
in connection with the erection of a
telephone exchange at Alton, in the
state of Wyoming. He intended to
leave Alton that day by the regular
stage running to Montpelier, Idaho,
where he was to undertake the work
Of foreman on similar job. For some
reason. however. he missed the stage
and was invited 10 ride to Cokeville,
Wyo., in a Ford automobile and there
catch train for Montpelier. the only
way out of Alton. The automobile
..1, aI nd
an acquaintance residing at Alton.
and he was invited to take the trip
as a guest, no payment of compensa-
tion being expected. In addition to
the owner of the machine and Mr..
Lynch, there were two other passen-
gers. When the machine approached
Cokeville it skidded for some reason
and turned absolutely over. When the
car was lifted Mr.. Lynch was uncon-.
scious. He was taken to the hospital
Mt Montpelier on the first train and
there operated on. 1t developed that
the base of his skull was fractured
and that nothing could be done for
him He died approximately twenty
four hours later and on the lith day
of September, 1915. The accident
which resulted in his death happened
in the state of Wyoming.
Award Of the Commission.
The case came before the state in
dustrial commission on an agreed
stipulation of facts. An award writ
ten by Commissioner Wayne c. Will
liams was entered March 2. 1916, in
favor of Mrs. Lynch. the widow of
the deceased, and Clyde Lynch and
Orville Lynch, minor dependent chill
dren Of the deceased. for the maxi
mum of the statute, s2,500. to be paid
to them at the rate of So per week
for six years.
From the award of the commission
the Aetna Life Insurance Company,
which was the insurance carrier for
the G.. +. Walker Contracting Com
pany, the employer of Lynch, ap-
pcaled to the district court.
Upon the agreed statement of facts
the district court of the city and coun-
ty of Denver, Judge Burke presiding.
on May 26, 1916, entered judgment
vacating and setting aside the award
which the industrial commission had
previously entered in favor of Mrs.
Lynch and her children.
Appealed on Writ of Error.
A motion for new trial in the
district court was filed on the 31st day
of May, 1916, and denied by the dis
trict court. Thereafter on the 7th
day Of July, 1917, the industrial COM
mission, acting on behalf Of itself and
the dependent widow and her chill
dren, sued out n writ Of error from
the supreme court to the district court.
To this writ Of error the defendant
in error, the insurance company, filed
a motion to dismiss the same, con-
tending that under the rules of pro-
cedure Of the supreme court and un-