# Foster v. Massey

> Court of Appeals for the D.C. Circuit · May 29, 1968 · 407 F.2d 343

URL: https://www.frixlaw.com/law-library/cases/8880179

## Case

- **Full name:** Esther R. FOSTER, Individually and as Parent, Guardian and Next Friend of Jack N. Foster, Jr., Jerry Alan Foster and Joanne Lee Foster, Minors v. William L. MASSEY, Deputy Commissioner, and Safeway Trails, Inc., and Aetna Casualty & Surety Co.
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** May 29, 1968
- **Citations:** 407 F.2d 343; 132 U.S. App. D.C. 213
- **Precedential status:** Published
- **Opinion:** Dissent by Wright
- **Judges:** Ial, Leventi, Prettyman, Wright
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8880179

## Opinion text

J. SHELLY WRIGHT, Circuit Judge
(dissenting):
Assuming that the continued vitality of the so-called “going and coming” rule is as certain as the court’s opinion suggests, I would still hold that the facts of this case, as stated by the court, take us outside the rule. I am influenced, of-course, by this court's repeated affirmation of the presumption of compensability in questionable cases and the liberal application required by the underlying philosophy of the Act. See Wheatley v. Adler, 132 U.S.App.D.C. -, 407.F.2d 307 (decided May 17, 1968) (en banc). Compare United States v. Charles, 130 U.S.App.D.C. 151 , 397 F.2d 712 (1968) (per curiam).
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8880179. Public record. Not legal advice.