Pillsbury
Western Indemnity Co. v. Pillsbury
Opinion
Lead Opinion
Melvin, J.
Certiorari directed to the Industrial Accident Commission to review the proceedings leading to an award made to H. H. Stevens against the Western Indemnity Company. H. S. Tittle was a defendant before the Industrial Accident. Commission, but the Western Indemnity Company, his insurance carrier, assumed all liability which might exist against its codefendant.
H. S. Tittle was a contractor engaged in performing work for the city and county of San Francisco in connection with the municipal railway line on Van Ness Avenue. Mr. Stevens called upon Mr. Tittle and, presenting his card which announced him as one engaged in “Teaming and Grading,” offered to furnish teams and drivers for the work, if any should be required, at six dollars a day for team, wagon, and driver. No contract was made at that time, but about a week later Mr. Tittle notified Mr. Stevens that he required a team. One was furnished, Mr. Stevens driving it himself. About a week later, Stevens was notified that another team was needed. He agreed to furnish, and did furnish, a second driver, team, and wagon at six dollars a day, employing the driver himself and paying him three dollars a day.