Real Silk Hosiery Mills, Inc. v. Industrial Accident Commission
Opinion
Lead Opinion
Houser, J.
This is an application for a writ of review.
It appears that a young woman was employed by the applicant herein as a saleswoman or solicitor for the sale of merchandise. She performed her duties on foot. Her regular hours of employment were from 8 o’clock A. M. to 5 o’clock P. M., and she was assigned to a restricted territory within which to perform her work. Instead of receiving a stated salary, her compensation was on a commission basis. At 8 o’clock each morning she was required to report to the manager of her employer for instructions, etc. At various times preceding the date of the injury sustained by the employee, and which was the basis for the present proceeding, the employee had visited prospective customers at an hour earlier than 8 o’clock A. M., which fact was well known to her employer, and for which act the manager of the employer had publicly commended the employee and held up her action in that regard as an example to be followed by other fellow saleswomen in the employ of the common employer. The employee lived in the general neighborhood of the district in which she worked and in which was located the office of the employer. On the morning of the day on which…