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Frank Lyon Company v. Oates

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eBook details

  • Title: Frank Lyon Company v. Oates
  • Author : Supreme Court of Arkansas
  • Release Date : January 12, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

This is a Workmen's Compensation claim by appellee, a traveling salesman; and is resisted by appellant (employer) on the contention
that the appellee's injuries did not arise "out of and in the course of the employment." 1 The Workmen's Compensation Commission
made an award in favor of the claimant; the Circuit Court affirmed; and the employer has brought this appeal. Mr. Oates was employed by Frank Lyon Company as a traveling salesman. His territory consisted of ten counties in Western
Arkansas and three adjacent counties in Oklahoma. The eastern boundary of Mr. Oates territory was a north and south line about
forty miles west of the Town of Perry and approximately ninety miles west of Little Rock. Mr. Oates worked on a commission
basis, furnishing his own car and paying his own expenses. Mr. Oates, a single man, resided with his parents in the Town of
Perry, which is not in his territory. He would leave Perry Monday morning, drive westerly to his territory, work in the territory
until Friday evening, [225 Ark Page 683] and then return to Perry for Friday night. On Saturday morning he was required
to go to Little Rock to attend a sales meeting at 9:00 o'clock at the Frank Lyon Company. That meeting closed at noon or thereafter;
and then Mr. Oates was free to return to Perry for Sunday and be ready to resume working in his territory Monday. The fact
that Mr. Oates stayed with his parents in Perry and returned there after each Saturday sales meeting was known to the Frank
Lyon Company.


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