Colbourn v. Nichols

Citations

• 30 Del. 572
• 7 Boyce 572
• 109 A. 882
• 1920 Del. LEXIS 47

Syllabus

<p>1. Master and Servant—Teamster Employing More Than Five Within Compensation Act Though All Servants did not Act in Conjunction.</p> <p>A teamster employing more than five persons in his business comes within, the Workmen’s Compensation Act, providing in section 141 that it shall not apply to employers or employes in any employment in which less than five persons are employed, notwithstanding all of the teamster's employes were not working at the same job but worked on various different jobs.</p> <p>2. Master and Servant—Employe of Teamster Riding on Elevator in Getting Load was Within His Service.</p> <p>Where the driver of a truck and deceased, both employes of a teamster who was engaged in general hauling business, went to haul goods packed in boxes for delivery to a railroad station, and after they had loaded those on the platform entered a building and used the elevator to move goods from above, deceased, who was riding on the elevator when killed, was within the teamster’s service under 'Workmen’s Compensation Act.</p> <p>3. Master and Servant—Employe of Teamster Riding on Freight Elevator Held not to Have Shown Deliberate Indifference.</p> <p>An employe of a teamster who was riding on boxes piled on a freight elevator which were to be transported cannot, where the elevator was safe and had the boxes been properly loaded he would not have been injured, be deemed to have shown a deliberate and reckless indifference to danger which would bar recovery under the Workmen’s Compensation Act.</p>