The husband of petitioner below was employed by the appellant company in a dual capacity. During certain hours he was to be at the factory of appellant, and was subject to call to go out and service oil burners installed by the company, and during his free time he was allowed to work for the company soliciting and obtaining service contracts on commission, using for that purpose the company's truck. On a certain day his hours at the factory were from six P.M. until midnight, and at four-thirty P.M. he told the service manager at the factory that he was going out to sell service contracts, and was told to go ahead, but to return at six o'clock. At about six fifty-five P.M., the company's truck, driven by petitioner's husband, while returning to the factory, was in a collision and from the effects of injuries received, the driver was fatally injured. Held, that the conclusion of the referee, in a hearing for compensation under the Workmen's Compensation act, that the decedent was fatally injured by an accident arising out of and in the course of his employment was adequately supported by the evidence.
PER CURIAM.
The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered in the Supreme Court.
For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, CASE, BODINE, DONGES, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 13.
For reversal — None.