Georgia Casualty Co. v. Industrial Accident Commission

The facts of these two applications, so far as they are necessary to a decision of the questions presented thereby, are fully and correctly set forth in the former opinion filed herein, and are as follows:

Robert Sherer & Company, as contractor, had entered into, and was engaged in performing, a written agreement with the Pacific Electric Railway Company by which said contractor agreed to perform “all the labor of constructing . . . the grading and other work required to complete the roadbed for a railway,” said railway, when constructed, to be a part of the system of the Pacific Electric Railway Company. The contractor agreed also to furnish all tools and appliances required in the work. Among other appliances, Sherer & Company used in the work a steam locomotive. For the operation of this locomotive, and the ears which it hauled, the contractor employed a train crew, and the deceased, Hicks, was a member of this crew, acting as conductor. He had been engaged by Sherer & Company for a monthly compensation of $75. All that the contract of Sherer & Company required them to do was to grade the roadbed. They were not called upon to lay the track. On the day on which Hicks met his…