Dellepiani
Dellepiani v. Industrial Accident Commission
Opinion
Lead Opinion
Curtis, J.
Emilio Dellepiani was on the tenth day of December, 1928, in the employ of the Market Street Railway Company as a car cleaner. The place of his employment was at the car barn of the company located at the southeast corner of San Jose Avenue and Geneva Avenue in the city of San Francisco. Dellepiani resided at 251 Tingley Street, San Francisco, and' in going to and from his work, he usually boarded one of the company’s streetcars at or near Tingley Street and San Jose Avenue, and traveled south on San Jose Avenue some eight or nine blocks to Geneva Avenue, where he would leave the street-car and cross the street to his place of employment. The company permitted its employees to ride on its cars without paying fare, and for this purpose it issued to some of its employees, including Dellepiani, tickets, each one of which entitled the holder thereof to a ride free of charge. Dellepiani’s work began at 5:30 in the evening and continued for ten hours. On the evening of December 10, 1928, following his usual custom Dellepiani boarded one of the company’s cars at or near Tingley, Street and rode therein to Geneva Avenue and San Jose Avenue, arriving there at about 5:28 o’clock. Upon the…