Union Oil Co. v. Industrial Accident Commission

This is a petition by the employer to review an award of compensation made by respondent Commission to the heirs of a deceased employee.

The employee was Captain Albert Pelle, master of the Union Oil Company’s barge “Santa Paula.” His vessel was used to carry oil to ships and wharves in various parts of San Francisco Bay. On January 15, 1928, she was brought to the foot of Seventeenth Street, where the balance of her oil was discharged about 3' o’clock in the afternoon. There being nothing further to do on board until the following morning, the crew went ashore to spend the night. Captain Pelle also left the ship, spent the afternoon at his home in Oakland and returned to San Francisco in the evening. He went to a waterfront hotel, played cards and had a few drinks, and at about 10 P. H., together with his friend Twigg, strolled down to the wharf where the barge was tied. Among other things, it appears that they intended to make a cup of coffee on board. The deck of the barge was about eighteen inches higher than the level of the wharf, and the usual method of getting aboard was to stand on the wharf, grasp the barge’s stanchions, and then step on deck. Twigg preceded Captain…