Burton Auto Transfer Co. v. Industrial Accident Commission

This proceeding was instituted for the purpose of annulling an award allowing the mother of George Fickett a certain sum of money because of his death, said to have been caused by an accident occurring in the course of as well as arising out of his employment by the petitioner, Burton Auto Transfer Company. The employer was engaged in the transfer business and Fickett was a driver of one of its automobile trucks. The business was operated from an office, in Los Angeles, where orders were received from patrons who required the service of the company, and the drivers of its vehicles were accustomed to remain about the office awaiting orders at all times during working hours when they were not engaged in the operation of their trucks in the performance of their actual work. The owner of the com pany testified that Fickett’s working hours were “any time from half-past 6 until he got through at night. Sometimes it was 4, sometimes it was 10, sometimes it was morning. ’ ’ No luncheon time was provided by the employer for the drivers. The owner said on this subject: “We leave that to the men. If they are in a hurry, or out in the country, it ain’t no object to them to sit around for an…