Holopoff

The Industrial Accident Commission rendered its award denying adjustment of industrial compensation to petitioner for personal injuries suffered by him. Petitioner was a “delivery boy” for respondent corporation, using in the performance of his duties what is known as a “sidecar” motorcycle which was his own property. ITe was compensated for his work by the payment of a fixed sum the week, out of which he furnished the gasoline for the motorcycle and paid for its upkeep. In going to and from the place of business of his employer at morn and at eve he chose any route he pleased, and from the time he left the place at night until he reached it again in the morning his time and the motorcycle were his to employ as suited his whim or convenience. The casualty out of which petitioner’s injuries arose was a collision between his cycle and an automobile. It occurred ón a morning, when he was on a direct way toward the place of business of his employer, along a route which he often traveled. It is plain, from the facts above stated, that unless petitioner, before the accident and after he left his home, had been diverted from his usual course because of some errand in the course of his…