Dameron v. Yellowstone Trail Garage, Inc., 6146

• Decision Date: 03 July 1934
• Docket Number: 6146
• Parties: CHARLES DAMERON, Respondent, v. YELLOWSTONE TRAIL GARAGE, INC., Employer, and STATE INSURANCE FUND, Surety, Appellants
• Court: Idaho Supreme Court

34 P.2d 417

54 Idaho 646

CHARLES DAMERON, Respondent, v. YELLOWSTONE TRAIL GARAGE, INC., Employer, and STATE INSURANCE FUND, Surety, Appellants

No. 6146

Supreme Court of Idaho

July 3, 1934

WORKMEN'S COMPENSATION ACT-COMPENSABLE INJURY-INJURY OUTSIDE OF STATE-SCOPE OF EMPLOYMENT-RETURNING FROM SPECIAL MISSION FOR EMPLOYER-JOINT ENTERPRISE.

1. Employee's right to compensation for injuries sustained in automobile accident was not affected by fact that accident occurred in state of Washington (I. C. A., secs. 43-1003, 43-1415).

2. Where garage owner requested employees to attend brake school for purpose of learning to sell product handled by garage and furnished automobile and driver and paid expenses, but trip was made after working hours without compensation, injuries which were sustained by employee in accident occurring on return trip from school held to "arise out of and in course of employment."

3. Rule that compensation is not allowed for injuries sustained while employees are going to or coming from work does not apply to cases where employees, on either own or employer's time are going to or from employment on substantial mission for employer growing out of employment.

4. Nature of employment involved where garage employees at request of employer, made automobile trip to brake school to learn to sell product handled by garage, held not casual so as to defeat claim against employer for injuries sustained in accident occurring on return trip from school.

5. Garage employee's right to compensation for injuries sustained in accident occurring on return trip from brake school to which he had gone at request of employer to learn to sell product handled by garage was not affected by fact that employer made no profit from selling product.

6. In compensation proceeding, evidence held not to support contention that accident in which employee was injured was caused by wilful act of driver of automobile in driving into sharp curve at excessive rate of speed and in disobedience to speed laws and stop signs.

7. Existence of negligence of driver of automobile involved in accident or of contributory negligence of employee passenger held immaterial as to employee's right to compensation (I. C. A., sec. 43-902).

8. Where employer chose and furnished transportation and placed driver in charge of trip and employee had no control or authority to control movement, operation or route of automobile, driver and employee were not engaged in "joint enterprise" so that negligence of driver could be imputed to employee seeking compensation.

APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Albert H. Featherstone, Judge.

Proceedings under Workmen's Compensation Law. Appeal from judgment of district court affirming award of Industrial Accident Board in favor of respondent. Affirmed.

Affirmed.

John L Fitzgerald and P. C. O'Malley, for Appellants.

Respondent did not sustain a personal injury by accident arising out of and in the course of his employment. (Sec. 43-1001, I. C. A., Walker v. Hyde, 43 Idaho 625, 253 P. 1104; Zeier v. Boise Transfer Co., 43 Idaho 549, 254 P. 209; Stewart v. St. Joseph Lead Co., 49 Idaho 171, 286 P. 927.)

Respondent was engaged in a joint or common enterprise so that the negligence of the driver of the car is imputable to the respondent. (33 Corpus Juris, sec. 9, p. 844, and cases cited; 33 Corpus Juris, sec. 63-3, p. 860, and cases cited.)

If there was a contract of employment between the Yellowstone Trail Garage, Inc., and respondent during the trip to Spokane, the employment was either casual or one not carried on by the employer for the sake of pecuniary gain, and therefore not covered by the Workmen's Compensation Law. (Sec. 43-904, I. C. A.; Walker v. Hyde, supra; Orr v. Boise Cold Storage Co., 52 Idaho 151, 12 P.2d 270.)

H. E. Worstell, for Respondent.

If a workman, who has been hired in this state, receives a personal injury by accident arising out of and in the course of such employment, he shall be entitled to compensation according to the law of this state even though such injury was received outside this state. (I. C. A., secs. 43-1415, 43-1003; Industrial Com. v. Aetna Life Ins. Co., 64 Colo. 480, 174 P. 589, 3 A. L. R. 1336; State ex rel. Chambers v. District Court, 139 Minn. 205, 166 N.W. 185, 3 A. L. R. 1347.)

Where an employee, either on his employer's or on his own time, is going to or from his place of employment on some substantial mission of the employer growing out of his employment, where such mission is the major factor of the journey or movement, and not merely incidental thereto, and suffers accidental personal injury he is entitled to compensation. (London Acc. Co. v. Industrial Acc. Com., 190 Cal. 587, 213 P. 977; Industrial Com. v. Aetna Life Ins. Co., supra.)

An accidental personal injury to an employee arises out of and in the course of his employment, where an employee, although not at his regular place of employment, even before or after customary working hours, is doing, is on his way after performing, or on the way from his home to perform, some special service or errand or the discharge of some duty incidental to the nature of his employment in the interest of, or under the direction of his employer. (Scrivner v. Franklin School Dist. No. 2, 50 Idaho 77, 293 P. 666; Kyle v. Greene High School, 208 Iowa 1037, 226 N.W. 71; Stockley v. School Dist. No. 1, 231 Mich. 523, 204 N.W. 715.)

BUDGE, C. J. Givens, Morgan, Holden and Wernette, JJ., concur.

OPINION

BUDGE, C. J.

From a judgment of the district court affirming an award of the Industrial Accident Board in favor of Charles Dameron, and against Yellowstone Trial Garage, Inc., employer, and State Insurance Fund, surety, this appeal is prosecuted.

The case arises from an automobile accident in which respondent was injured, the nature and extent of his injuries not being here questioned. Respondent, and the other occupants of the car, automobile mechanics in the employ of the Yellowstone Trial Garage, Inc., were requested by their employer on June 7, 1933, to go to Spokane on that evening to attend a brake school for the purpose of teaching them to sell "Multibestos" brake service, the employer being the agent in Wallace for "Multibestos" brake lining. The employer furnished the automobile, gas and oil therefor, and placed one Kruger, an employee, in charge of the car, with instructions to take the group of employees to the brake school and to bring them back to Wallace. After attending the brake school, upon the return trip from Spokane to Wallace, shortly after midnight and while driving east in a heavy rain on the Trent road the driver Kruger, as well as all other occupants of the car, failed to see a stop signal, the driver Kruger failed to make a right angle turn onto U. S. Highway No. 10, and ran the automobile into posts across along the highway, wrecking the automobile and injuring respondent. Upon a hearing before the Industrial Accident Board an award was allowed in favor of respondent and against appellants. On appeal the district court affirmed the award of the Industrial Accident Board and made and entered judgment in favor of respondent, from which judgment this appeal is prosecuted.

Appellants specify seven assignments of error, all based upon the proposition that the findings, conclusions and judgment are not supported by but are contrary to the law and to the evidence.

The first point urged by appellants is that respondent did not sustain a personal injury by accident arising out of and in the course of his employment, it being appellants' contention that respondent was receiving no compensation from his employer at the time of his injury which occurred in the state of Washington, and that respondent was a volunteer on the trip even though requested to go there by his employer.

That the injury occurred in the state of Washington is of no moment. (I. C. A., secs. 43-1003, 43-1415; Industrial Com. v. Aetna Life Ins. Co., 64 Colo. 480, 174 P. 589, 3 A. L. R. 1336.)

The record discloses beyond dispute that while respondent received no pay for making the trip, he made the trip solely in the interest of, and under the direction...