E. I. Du Pont De Nemours Co. v. Lilly

The appellees filed a claim with the Industrial Board of Indiana, as dependents of Roy F. Lilly, who was killed by lightning on July 25, 1945, while employed as a truck driver by the appellant at one of its plants in Clark County, Indiana. The Board made an award in favor of the appellees, and from such award this appeal was taken. All the evidence, excepting that given by two electrical experts, was stipulated. The salient features of the stipulation show that the decedent was a truck driver on the premises of the appellant; that on the day of the accident he was hauling powder from a building which was called a "shipping house" to a transfer platform; that such platform was open on all sides but covered by a roof; that the weather was threatening as he approached, the transfer platform; that he drove his truck to the platform and, without unloading, proceeded to a place called a change house, to which he and all other employees had been instructed to go when a storm appeared imminent; that in accordance with said instructions he stepped to the platform and proceeded toward the shelter; and that as he neared the end of the platform he was struck by lightning and killed.