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Ir v. ng L. Cohen, Appellant,

WORKMEN'S COMPENSATION, § 45 — violation of employer's instructions as not precluding injuries from arising out of and in course of employment. Fact that driver who had duty of housing truck in garage after day's work took truck home at that time for personal convenience and returned it to garage one hour thereafter in violation of employer's instructions, did not preclude injuries sustained by driver when struck by street car as he was about to turn into garage from arising out of and in course of his employment so as to be covered by Workmen's Compensation Act, and consequently his common-law action against railway company was barred.

See Callaghan's Illinois Digest, same topic and section number.

ON REHEARING.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed February 5, 1947; released for publication February 21, 1947.

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COHEN v. CUMMINGS
(Feb 5, 1947)