Ferguson v. Sohio Petroleum Co., 39729

• Decision Date: 03 October 1955
• Docket Number: No. 39729,39729
• Citation: 82 So.2d 575,225 Miss. 24
• Parties: Mrs. Ovelia V. FERGUSON v. SOHIO PETROLEUM COMPANY.
• Court: Mississippi Supreme Court

Page 575

82 So.2d 575

225 Miss. 24

Mrs. Ovelia V. FERGUSON v. SOHIO PETROLEUM COMPANY.

No. 39729.

Supreme Court of Mississippi.

Oct. 3, 1955.

Calvin B. Wells, Natchez, Crisler, Crisler & Bowling, Jackson, for appellant.

Watkins & Eager, Jackson, for appellee.

LEE, Justice.

This is a claim under the Workmen's Compensation Act. The sole question was whether or not the injury to O. B. Ferguson, from which he died, arose out of and in the course of his employment. The attorney-referee, the Commissio the Commission and the circuit court, in succession, denied the claim of the widow, Mrs. Ovelia V. Ferguson, and she has appealed here.

The deceased worked for Sohio Petroleum Company as an assistant foreman. His regular working day was eight hours, but he was subject to call during the whole twenty-four hours. The oil wells were located some distance from the City of Natchez in Adams County, and the company maintained, on the lease, an office and houses for certain of its employees. It was inconvenient and impracticable, under the circumstances, for the deceased to live in Natchez. Consequently he leased, from a third person, a plot of land across the road, about three hundred yards from the company's office, built a small house thereon, and he and his wife lived there.

On April 10, 1952, Ferguson worked from 7 A.M. until 3 P.M. at his regular tasks. No emergency developed, and, after the change in shifts, with the permission of his superior, he joined several other men in a friendly card game. This pastime lasted until about dark. He had told his wife and another associate that it was necessary for him to inspect a well before he went home. At any rate, he arrived at home about 6:30 or 7 o'clock that evening, and shortly thereafter ate cake and drank coffee. It had been his purpose to attend a lodge meeting in Natchez, but, because of the lateness of the hour, he decided not to do so. Following the light repast, Ferguson got some casing-head gas for the purpose of cleaning up. His wife observed that he had grease on his hands. He undressed, went into the bathroom; and while he was engaged in cleaning up or bathing, the lighted heater evidently set off the gas which he was using, and he was burned so seriously that he died the next day.

The appellant contends that the claim should be viewed and considered as if Ferguson had actually been living on the premises of his employer when he was washing grease from his body, and that his injury was therefore incidental to his employment. She cites several cases on that particular question, including Pacific Indemnity Company v. Industrial Accident Commission, 26 Cal.2d 509, 159 P.2d 625; Taylor v. 110 S. Penna. Avenue Corporation, 117 N.J.L. 346, 188 A. 689; Brandner v. Myers Funeral Home, 330 Mich. 392, 47 N.W.2d 658; Wiarda v. Wiarda, 281 App.Div. 999, 120 N.Y.S.2d 509; Carraway Methodist Hospital, Inc., v. Pitts, 256 Ala. 665, 57 So.2d 96. In each of these cases, some of which are extremely liberal, the injury occurred on the premises of the employer.

In Employers Mutual Liability Insurance Company of Wisconsin v. Konvicka, D.C., 99 F.Supp. 433, also cited by appellant, the automobile was pushed from the premises of the employer into a road, paralleling the employer's property, and the injury actually occurred nearby in the road.

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