Norwich bulletin., 1922-03-22

on the NOr-wlc h-NeW LONDON road last
November, has been awarded conlpensa-
ton at the rate of SIS a week for a peri
Cd Of 312 weeks from the date of the
accident. medical, surgical and hospital
expenses. and 800 funeral expenses by
Compensation Commissioner James ].
Dono1ne., The award was announced
Tuesday by the commissioner.
Mr.. Bendett was employed as a meat
buyer for the Mohican company and had
charge Of the buying of meat for the
Norwich, New London and Westerly
stores. The night of the fatal accident
ne had been to New London to pur-
chase a consignment of meat and was. re-,
turning to this city when his att of1oble
sl5idded on the slippery road and over
turned. Mr.. Bendett was found in the
road near the wrecked machine and was
brought to the Backus hospital, where he
died four days later.
The hearing was held in the commits
sioner's office Msrch 9Th. In his finding
the commissioner says:
On the 18th day of November. 1921,
the decedept SUSTAINED injuries which
resulted in his death on November Goth.
The question OF dependency in the
present case is agreed upon, that the
claimant was living with the deceased
and receiving support from him regularly
at the. time of his death and that She Is
q total dependent with her two minor
children by said marriage, namely Dean
and Sherley Bendett
The hearing was called that the ques-
ton might be determined whether the in
juries received arose out Of and in the
course Of the dededents employment
with the respondent company.
The decedent, David Bendett. was en-
pioyedl at the time Of his death as a
meat buyer by the Mohican Company Of
New York. which company has branch
stores In Norwich, New London and
Westerly, r. L, and other places.
In his capacity Mr.. Bendett had been
so employed by said company for pc
Rod of some ten or twelve years
During the earlier part Of this time
Mr. Bendett had been under the super
vision of the manager of the Norwich
store, but more recently, under the SUI
| perviston of the district manager, Mr..
| Beaures<rd, whose headquarters were in
| Bridgeport.
Mr.. Bendett lived with his family IN
Norwich and made trips from Norwich
to New London or westerly as he found
necessary. his chief duty being to keep
| the three stores named, Norwich. New
London and Westerly, supplied with
meat as required by said branches
His position as meat buyer required
| that Mr.. Bendett should call at the Nor
| witch store in the morning and look over
| their supply of meat and ascertain their
needs for the immediate future. This
was also true of the New London store
but it was LETT to Mr.. Bendetts judg.
| uient as TO how often he should visit the
| Westerly. branch.
Mr.. Bendett usually left the Norwich
| store about a. m. and did not return
generally until about 5 y. m, or later
at night. This occurred about Ave da5
2 week, as MY. Bendett did not 4lEays
have occasion to report at the store or
Saturdays.
At the time when the local store wa:
extra busy and Mr. Bendett would get
| into the store as. early as p. M, he
| helped in unloading meat or cutting VI
same, or assisting generally about the
| store Of the Mohican company in Nor
| wich where he lived.
Mr.. Bendett's salary was sent him II
| a sealed envelope by the New York Of
fee of the Mohican company each weeI
| with other mail for the Norwich store
| the envelope being handed to him by tn,
local lnanag ger.
In addition to his weekly wage Mr.
! Bendett was paid in cash the sum O
$40 per month for the purpose of buy
| DeIWGel
| Norwich and New London on his dali,
trips for the company Setween these tw,
points On the last two occa siors tlli
sum was paid out of the cash workin;
fund" of the Norwich store, the paymen
being. paid to, Mr.. BendEtt in Angus
or September Of 1921 for the last time
| When Mr.. Bendett. made trips. from
New London to Westerly, R. /, tn
Westerly branch paid him in cash tn
COST Of his transportation from hi
starting point.
About nine months before his deatf
Mr.. Bendett had bought an automobil
for pleasure. but it IS found that he al
SO used it in his business at such time
as there were no availabE trains betwee
the points travelled by him in the conduc
Of his business for the Mohican CON
: pany.
The employer had knowledge that NJ
Bendett owned an automobile, also the
had knowledge that he used the ma
chine at times instead Of the trains whe
on the company's business, and it wa
also known at the Norwich store ths
, Mr.. Beudett had delivered meat IL I'll
store in his automobile at times.
) On Wednesday evening, November i
: 1921, Mr.. Bendett went in his automobf
} to New London and about o'clock
the evening called at the butcher She
OF Meyer. Friedman, where he had bee
7. | IN the habit Of buying meat for IL
Mohican slYres. He made purchase ,
| veal and beef and called up a party s,1.
. gested by Mr.. Friedman, regarding
purchase of lamb about $50 o'clock tn;
same evening. He then waited in the
: place Of business while the beef was b
! ing dressed which he had contracted
!, buy, and finally left there about 10:
. o'clock in his automobile and started fl
: his home in Norwich.
It IS found that Mr. Bendett he
+ bought meat Of this Mr.. Friedman
: New London for several years and tn;
: II was n no unusual thing for him to ca
: there as late as ten o'clock in the :,
i ening to select the meat needed for ii
( various stores which he had to SUPPL
8 Mr.: Friedman and his father were O.
during the day buying stock. which "a
necessitated the evening trips by N
Bendett Is New London IN order to 4
able him to see the goods he desired I
his cd1npany's use.
81 It Is further found out That on t,
4 night IN question Mr.. Bendett's car pas
d ed another car going. to Norwich abo
I. 20 minutes to Il, the driver Of the c
s recognizing the number on Bendett's c
S and each driver recognized the othel
car by blowing of the auto horns r
d occurred about two miles north Of Ne
= London, and about FIVE minutes lat
: the dFiver OF the car mentioned car
a upon the Bendett car in denoHsh
4 condition near the trolley tracks TO t
: right of the road at a point known
the Jerome Place.
The Bendett car vas standing u
right with one side against pole Al