Followwill v. Marshall

• Decision Date: 17 November 1931
• Docket Number: 22504.
• Citation: 5 P.2d 149,153 Okla. 120,1931 OK 710
• Parties: FOLLOWWILL et al. v. MARSHALL et al.
• Court: Oklahoma Supreme Court

5 P.2d 149

153 Okla. 120, 1931 OK 710

FOLLOWWILL et al. v. MARSHALL et al.

No. 22504.

Supreme Court of Oklahoma

November 17, 1931

Syllabus by the Court.

An employer who is engaged in transfer business only, does not come within the terms of the Workmen's Compensation Act; it must be shown that he is engaged in the business of transfer and storage, in order to come within the terms of said act.

Original action by Carl Followwill and the Commercial Standard Insurance Company to review an award of the State Industrial Commission in favor of Amos B. Marshall, claimant.

Award reversed, with directions.

Jas. C Cheek, of Oklahoma City, for petitioners.

H. M Shirley, of Oklahoma City, and J. Berry King, Atty. Gen., for respondents.

LESTER C.J.

This is an original action to review an award of the Industrial Commission allowing the claimant additional award on account of change in condition by reason of injury received by the claimant while working for one of the petitioners herein. The original award was made to the claimant by the commission on the 6th day of December, 1930, and this award was satisfied by the total payment of $329.40 to the claimant.

There are several propositions discussed in plaintiffs' brief but only one of them challenges serious attention, and that is whether or not the evidence shows that the employer comes within the terms of the Workmen's Compensation Act.

The evidence shows the employer was engaged in the hauling of goods, wares, and merchandise by the use of trucks. The claimant proceeded on the theory that it was sufficient to bring the employer within the terms of the Workmen's Compensation Act by showing that he was engaged in the transfer business.

It appears that the employer had procured a permit to use trucks for the purpose of delivery under class B. Section 1 of chapter 253, Session Laws 1929, subdivision b, reads as follows:

"The term 'motor carrier' when used in this Act means any person, firm, business trust, or corporation, lessee or trustee or receiver, operating any motor vehicle with or without trailer or trailers attached, upon any public highway for the transportation of passengers or property for compensation, and for the purposes of this Act, motor carriers shall be divided into three classes, as follows:

(1). Class 'A' motor carriers, shall include all motor carriers operating as common carriers of persons, or property between fixed termini or over a regular route, even though there by periodic or irregular departures from said termini or route, and

(2). Class 'B' motor carriers, shall include all other motor carriers not operating as Class 'A' and 'C' motor carriers, whether as private carriers or common carriers, of persons or property."

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