(Download) "City Huntington v. Fisher" by 710. Supreme Court of Indiana No. 27 # eBook PDF Kindle ePub Free
eBook details
- Title: City Huntington v. Fisher
- Author : 710. Supreme Court of Indiana No. 27
- Release Date : January 06, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
FANSLER, J. The appellee, widow and sole dependent of Isaac Fisher, a member of the Fire Department of the City of Huntington, who was killed while in the discharge of his duty as a city fireman, was granted compensation by the Industial Board under the Workmen's Compensation Law. The city brought this action in the Appellate Court questioning the lawfulness of the award. The Appellate Court held, on authority of City of Fort Wayne v. Hazelett (1939), 107 Ind. App. 184, 23 N.E.2d 610, that the appellee was not entitled to compensation. The case comes to this court upon petition to transfer, which questions the correctness of the decision of the Appellate Court. Warren v. Indiana Telephone Co. (1940), 217 Ind. 93, 26 N.E.2d 399. In the Hazelett case it was pointed out that a city acts in a governmental capacity in maintaining a fire department, and is controlled by statute in hiring and discharging firemen, and that there is a statute providing for a pension system for members of the fire department, and the court concluded that, in view of these facts, firemen are not in the service of a city under a contract of hire within the meaning of the Workmen's Compensation Law. It is said that (page 189 of 107 Ind. App., page 612 of 23 N.E.2d):
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