(Dissenting).
We dissent from the majority opinion on rehearing which now denies to the heirs of Hennessy the death benefits conferred under the workmen’s compensation act. We point out that the Commission’s motion for rehearing does not present any question of law or fact that was not fully considered in the original opinion. Apparently, for this reason able counsel representing petitioners did not even see fit to reply to said motion.
In the original opinion it was stated that the duty of Hennessy as manager of the buffet and social room was to operate them successfully. That successful operation thereof had not been previously attained is one of the primary reasons why Hennessy was appointed manager and was so at the time of the fatal accident. We held that the position of manager of the buffet and social room carried with it the implied authority to make such trips.
Granting that there was no express authorization for Hennessy to make the trip, and granting also that the board “by their actions” did not impliedly authorize the trip, there still remains unanswered the question, one purely of law, as to whether Hennessy’s appointment to the position of manager of the buffet did or did not carry *334■with it the implied or inferred authority to make the trip. We previously held that it did; we see no occasion now to deviate from that position. See Restatement, Agency, § 8(d), and particularly § 35, comments b and c thereof.
The majority, in our opinion, have failed to come to grips with the problem before them, and practically sub silentio reverse the original opinion of this court.
STANFORD, J., concurs.