Maryland Cas. Co. v. Stevenson

• Decision Date: 03 June 1930
• Docket Number: 21118.
• Citation: 288 P. 954,143 Okla. 285,1930 OK 283
• Parties: MARYLAND CASUALTY CO. et al. v. STEVENSON et al.
• Court: Oklahoma Supreme Court

288 P. 954

143 Okla. 285, 1930 OK 283

MARYLAND CASUALTY CO. et al. v. STEVENSON et al.

No. 21118.

Supreme Court of Oklahoma

June 3, 1930

Syllabus by the Court.

The claimant herein is not included within the Workmen's Compensation Act of this state because his employer, Lincoln Park Golf Club Company, was not engaged in a trade, business or occupation carried on for pecuniary gain.

Original proceeding by Maryland Casualty Company and another to review an award of the State Industrial Commission in favor of Joe W. Stevenson.

Award vacated, with directions.

J. S Ross, S. J. Clay, and Jas. H. Ross, all of Oklahoma City, for petitioners.

Oliver C. Black, Breck Moss, and Mont R. Powell, all of Oklahoma City, for respondents.

HEFNER J.

This is an original proceeding to review an award of the State Industrial Commission in favor of the respondent Joe W Stevenson. On the 21st day of September, 1928, the respondent suffered a personal injury while in the employ of the Lincoln Park Golf Club Company. The injury resulted in the total loss of the vision in his right eye.

The question presented for our consideration is whether or not a golf club, owned and operated as the Lincoln Park Golf Club was owned and operated, comes within the purview of the Workmen's Compensation Act.

Subsection 5 of section 7284, C. O. S. 1921, is as follows "'Employment' includes employment only in a trade, business or occupation carried on by the employer for pecuniary gain."

If the golf club is carried on for pecuniary gain, then the Industrial Commission had jurisdiction to make the award. If, however, it is not carried on for pecuniary gain, then it did not have such jurisdiction. The land is owned by Oklahoma City. The golf club is owned and operated by a private corporation. Mr. Jackson, the secretary and manager of the Lincoln Park Golf Club Company, testified that the club was incorporated as a nonprofit organization. A fee is charged for the privilege of playing golf. The evidence discloses there never has been any real surplus in the treasury. All the money collected, after paying the salaries and all charges, is put back in improvements on the golf course. The testimony of Mr. Jackson that the club was operated as a nonprofit organization is more or less a conclusion. Nevertheless, it is not denied, and there is no evidence in the record to indicate, that the club is organized and operated for pecuniary gain. The facts, as disclosed above, are practically all that the record contains in reference to how the club is operated or whether or not it is operated for pecuniary gain.

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