Greydanus

I dissent. I would annul the award for the reasons expressed by Mr. Justice Frampton in the opinion prepared by him for the District Court of Appeal in Greydanus v. Industrial Acc. Com. (Cal.App.) 43 Cal.Rptr. 795 .

The petitioners in this proceeding seek review and annulment of an award of compensation to respondent Dominique Basterretche. The facts are both uncomplicated and undisputed and, for our purposes, may be readily summarized :

Basterretche was permanently employed to milk cows at the dairy operated by petitioner R. G. Greydanus. As required, he reported for work each morning at 4:30 a.m. at the milking bam situated beside a two-lane highway near Chino. In order to reach the barn it was necessary to turn off the highway into a short driveway leading to the barn. On the morning of March 20, 1963, as Basterretche proceeded in his automobile to turn left off the highway to drive to the barn, his vehicle was struck hy a truck which was attempting to pass him on the left. At the time of the impact Basterretche had completed his turn, and his car was headed directly toward the barn. The wheels were a few feet short of touching the apron of the driveway, but most of the vehicle was over the highway lane.he was crossing. Basterretche received multiple injuries for which the commission awarded compensation.

The commission held that “applicant . . . had entered the necessary means of access…