For the prosecutor, O'Brien, Brett & O'Brien (Thomas J. Brett).
For the respondent, James J. Skeffington.
Before Justices Bodine and Jacobs.
The opinion of the court was delivered by
BODINE, J. The petitioner is the widow of Roy Gordon Beh and filed her petition for compensation on behalf of herself as the widow and on behalf of their two minor children.
The accident having occurred out of the state, the judgment of the Bureau cannot be reviewed in the Court of Common Pleas, so certiorari was allowed directly to this court.
Roy Gordon Beh, on December 20th, 1945, was employed as a traveling representative for the defendant corporation. He was originally employed in New Jersey, but on the day in question was working out of the defendant's office in Detroit,
Michigan. His duties consisted in visiting customers and prospective customers. He was paid a salary of $550 a month. He was required to have a car and was reimbursed for the use thereof at the rate of seven cents per mile.
On the day in question, he was en route from Chicago, Illinois, to Muskegon, Michigan, driving on the public highways on the business of his employer. He planned to keep a business appointment at Muskegon, where he would spend the night at a hotel and continue on to the office in Detroit the following day. It was a very snowy time and while en route, he picked up a hitch-hiker at the junction of highways 20 and 12 near Gary, Indiana. The hitch-hiker was Robert R. Smith dressed in civilian clothes. Deceased and Smith had lunch together at Benton Harbor, Michigan. They then continued on towards Muskegon, and as they approached a place called Holland, Smith drew a. 45 caliber revolver and ordered deceased to hand over his money, and in the struggle which followed he was killed.
Smith made a full confession and a copy of it is annexed to the ...