Fidelity & Casualty Co. of New York v. Industrial Accident Commission

Writ of review to determine the validity of an award made by the Industrial Accident Commission in favor of one Arthur H. Johnson and against the Pure Milk Dairy Company, a corporation, and its-insurance carrier.

The Dairy Company, as a distributor of milk in the city of San Diego, operated five automobile delivery wagons and maintained a garage for their care and repair. Johnson was employed as foreman of the garage and was furnished with a Ford automobile to be used in connection with his employment. He was permitted to use the automobile incidentally for his personal convenience and kept the automobile at his home during the time when he was at home. Johnson’s regular hours of .-employment were from 7 A. M. until 6 P. M. He was also expected to respond to emergency calls at any time, and the company maintained a telephone at Johnson’s home in order that he might be called at any time when required out of the regular hours by the emergencies of the business.

On the nineteenth day of April, 1919, having in view some affairs relating solely to ’his personal convenience and pleasure, Johnson left the garage at about 5 o’clock in the evening and drove the Ford car to his home and…