Federal Mut. L. Ins. Co. v. Indus. Acc. Com.

[1] Respondent E.R. Underwood was employed as a ranch superintendent by a corporation that owned and operated a ranch. The corporation will hereafter be referred to as the company. In the discharge of his duties, which were varied in character, Underwood did much traveling far and near, in an automobile furnished him for the purpose by the company. Much of his time, also, was expended in various pursuits upon the ranch itself. He was supposed to be occupied about the company's business in the daytime from Monday morning to Saturday night of each week, but he was also subject to special call at any time, day or night. Upon the day — which was Saturday — upon which arose the occurrences which are of interest *Page 252 here, there was being considered the necessity for spraying some trees upon the ranch. It became necessary for a horticultural commissioner, who was stationed at a town some thirty-five miles from the ranch, to be consulted as to the best means of conducting the projected operations. Upon the Saturday afternoon Underwood's superior in the handling of the company's affairs instructed him to go to the horticultural commissioner and ask his advice upon the…