Nurmi
Nurmi v. Industrial Accident Commission
Opinion
lead Opinion
Marks, J.
For about seven years prior to February 10, 1933, Chester T. Moore had been employed as a truck driver, salesman, delivery-man and collector by Nurmi’s Bakery in Fresno. His duties were to solicit sales of and make delivery of bakery products and mayonnaise and make collections. His route ran from Fresno along the highway paralleling the railroad tracks and into Tulare County.- He usually left the premises of his employer at about 4:30 o’clock in the morning, returning late in the afternoon with collections amounting to between $50 and $70. He usually traveled alone.
He was required to make deliveries in premises which were dark and secluded. For a considerable time he had been accosted daily by from fifteen to twenty men who asked gifts of bread. A bakery truck had been held up near the town of Goshen on his route and on numerous occasions bread had been stolen from his truck. He testified further concerning those requesting bread, “If you don’t give them a loaf they act as if they would knock you in the head, and they give you a cussing if there is two or three of them. They are bad business.” About a year before he was injured he provided himself with a 410 gauge…