Truck Insurance Exchange v. Industrial Accident Commission

Good Law
1946 Cal. LEXIS 359·27 Cal. 2d 813·167 P.2d 705
Supreme Court of CaliforniaMarch 28, 1946L. A. No. 19492California1,941 words

Opinion

lead Opinion

Schauer, J.

— Petitioner, the insurance carrier for Elmore W. Peterson, seeks review and annulment of a death benefit award in favor of the dependent widow and minor children of James D. Dollarhide, employee of Peterson. Dollar-hide was killed when a truck collided with his automobile as he drove along the public highway from a ranch of Peterson, where Dollarhide worked, toward another ranch owned by Peterson, where the Dollar hides lived. Petitioner contends that the fatal injury was not sustained in the course of and did not arise out of the employment. We have concluded that the award must be affirmed.

Dollarhide was employed as a ranch hand. His hours of work were from 7:30 a. m. to 6 p. m. He worked at the ranch of Peterson known as the “home place.” With his wife and three minor children he lived in a house furnished by Peterson, under the contract of employment, as part of the employee’s compensation. Such house was on the ranch of Peterson known as the “Traver Ranch” and was about two and *815 one-half miles from the “home place.” In addition to the two ranches above mentioned, Peterson owned two other ranches which were situated, respectively, about four and eight miles from the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.