New Britain herald., 1925-05-06
MUST AID FAMILY
 OF TRAIN VICTIM
Compensation Commissioner So
 Rules in COrVi Case
DECIDES POINT OF LAW

Pathway For Many Years Im-
 pliedly Invited To Continue It's
 Use, Commissioner Nooan Rules,
 Deciding that Domonlck Coryt who was killed by 6 locomotive while returning to his work In the Stiles & Reynolds brick yard In Ser lin on March 21, met his death through Injuries arising out of and In the course of his employment" Compensation Commissioner Leo J. NOonan today handed down a find- ing In which the Travellers Insur- ance Co. Is ordered to pay full com pensation to the widow and depend ent children.
 A petition for compensation was presented at the office Of the com- missioner shortly after the fatality by Attorney s. Gerard Casale acting for the widow and children. Attor- ney Casale contended that the de- ceased sustained his injury while in the course of his employment and asked for an order directing the respondents to pay compensation. The respondents, represented by Ad- justor J. V. Dwyer denied the claim and asked for dismissal.
 Tn lengthy memorandum hand ed down today, Commissioned Noon an agrees with the contention of At torney Casale. AS a result of the de- cision. Mrs. Ermina Corvi, the wld- CIV. and Elvira and Limo Corvi, de- pendent children, will receive s12.- g week for 8 period not to ex- ceed 312 weeks. or until the widow dies or remarries, in either of which events payments shall be continued to the surviving children, or either of them under IS years of age. Pay ment will also be made Of s100 for funeral fee and all medical and surgical bills must be met by the respondent.
 Corvi at the time of his death was earning an average weekly wage of s2s.53. He and several other em- ployes of the Stiles x Reynolds Brick Co. lived in South street on the opposite side of the railroad tracks to the side on which the hrickyards were located, For many years employees of the company have used a well beaten path from Soutr street along the railroad tracks. II was testified that Corvt, who livec with his foreman, one Ronketti, oft en accompanied Ronkettl to VorF along this path.
 Ronketti, an employe of the Stiles X Reynolds Co.. for omro than l. years, used the foot-path for more than 10 years, in fact for the entire nrriod of his residence on Son'l street, At a point near the brick yard, the custom of employes was tt leave the beaten path and cross tht railroad tracks at time which ap' pesred safe. The route was the mos convenient and saved from five tf seven minutes over the only othel means of reaching their place Of em ployment, workmen testified.
 On March 21. CorN left his worl al 12 o'clock and was returning a t2;45 o'clock. Near the point O crossing a switching engine was op erating shunting cars and makint considerable noise. AS result e the noise and the blocking of hI view, Corvi was unable 10 apprats' himself of the approach of anoth" train and he crossed directly Il front of the locomotive. He dier shortly afterward.
 Commissioner Noonan declares il his finding that Corv was on tn railroad tracks at the implied invi ta.ion of his employer.
 Concluding his finding, the judg says:
 The employer had knowledg over long period of time that som of it's employees used this path an thus crossed the railroad on thei way to and from work and ha' never objected to the use of sai path and to the crossing of sal railroad, but on the other hand ha acquiesced in its use by them. Tn employer contemplated that ccrtai of its employees would use this rout in going 10 and from work
 "The decedent had reason 10 be Ncve. and did believe. that the en ployer intended him 10 use the rout that he had used in going to wor on the day in question as a mean Of getting to and from his work an his home.
 Said injuries and death were nc due to the skylarking or horsepla of the decelcnt,
 Said injuries and death were nc duo to the serious and wilful miscon Iuc' Of the decedent.
 Said injuries and death are nc tue 10 the intoxication of the de cedon'.
 Said injuries which caused th death Of the decodant arose out ( and in the course Of the deccdent & employment"
 The mcmorandum lays the dc cision to three points Of law, namol the employer 'contemplated' tht * the employe would use the rout hat he did use; impledly invite Aim 10 do so; and the empioymer
 itself involved peculiar and ahnorm' rXrosure to a common peril whic
 Has annexed as a risk Incident
 ne employment"
 arpenter Killed When
 DsL I--L Mn nksr.