Bissinger & Co. v. Industrial Accident Commission

Walter Carpenter was an employee of Bissinger and Company. He was a traveling salesman. On September 10, 1929, and for a short time prior thereto he had possession of and was entitled to use an automobile owned by his employer. His employer paid for the upkeep, and repairs of the ear, but permitted Mr. Carpenter to use the car for his private and pleasure uses as well as for business uses and when he was in San Francisco to keep the car in his own garage. On September 10, 1929, he had been in Santa Cruz. His wife was with him. As they were coming home over the Santa Cruz grade Mr. Carpenter noticed that the motor-meter became quite hot and he stated that he would have to fix that before starting on the next trip. He also stated that he would also have to fix the gasoline gauge as it became stuck. On the next day he went to his office and later called for his wife at her club and took her home and put the automobile in the garage which adjoins their home. They went into their home, had their dinner and the wife thereafter reclined on a davenport and her husband sat down in an armchair and went to sleep. About 9 :30 she arose and went to bed. Later the husband arose and walked into…