Sun Indemnity Co. v. Industrial Accident Commission

Good Law
1926 Cal. App. LEXIS 409·76 Cal. App. 165·243 P. 892
Court of Appeal of CaliforniaJanuary 7, 1926Docket No. 5390.California764 words

Opinion

Lead Opinion

Tyler, J.

Certiorari to review an award of the Industrial Accident Commission in allowing compensation for injuries to one W. R. Doolittle, who, on the evening of February 18, 1925, was injured in an automobile accident.

Doolittle was employed by P. S. and S. J. Round, proprietors of a general store at Costa Mesa, California, of whom petitioner is the insurance carrier, to manage their meat department. His hours of labor were from 7 A. M. to 6 or 6:15 in the evening. Part of his duties consisted in the buying of meats and in this connection he was vested with certain discretion. Ordinarily the meats were purchased from the Cudahy Company, but at times a small supply was procured from a market conducted by a Mr. Klamm at Santa Ana, a city close by. On the evening of February 18, 1925, Doolittle reported to his employer that the store was running short of pork and lamb. He was directed to take the firm’s delivery truck home with him that night instead of going in his usual way, which was by stage, and purchase the necessary meat from Klamm and bring it back next morning when he reported for duty. Doolittle had bought meat under similar circumstances on three former occasions.

Pursuant to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.