Pickrel v. Martin Beach, Inc.

• Decision Date: 29 October 1963
• Docket Number: No. 10066,10066
• Citation: 80 S.D. 376,124 N.W.2d 182
• Parties: Lorraine PICKREL, Executrix of Estate of John Pickrel, deceased, Claimant-Respondent, v. MARTIN BEACH, INC., Employer-Appellant, and Sunshine Mutual Insurance Company, Insurer-Appellant.
• Court: South Dakota Supreme Court

Page 182

124 N.W.2d 182

80 S.D. 376

Lorraine PICKREL, Executrix of Estate of John Pickrel deceased, Claimant-Respondent, v. MARTIN BEACH, INC., Employer-Appellant, and Sunshine Mutual Insurance Company, Insurer-Appellant.

No. 10066.

Supreme Court of South Dakota.

Oct. 29, 1963.

Howard B. Crandall, Sioux Falls, for employer and insurer, appellants.

Austin, Hinderaker & Hackett, Watertown, for claimant-respondent.

HANSON, Presiding Judge.

This is a Workmen's Compensation proceeding wherein the Circuit Court of Beadle County affirmed an award of the Industrial Commissioner for the injuries and resultant death of John Pickrel. Claimant is decedent's widow. The single issue on appeal is whether decedent's accidental death arose out of and in the course of his employment.

The employer, Martin Beach, Inc., is a construction firm headquartered at Huron. It is primarily engaged in the construction of electric power lines and for this purpose maintains crews of workmen at various project locations throughout a wide area.

Pickrel was employed on June 5, 1961 by the Beach Company as an apprentice lineman. He was continuously so employed until his death on August 23, 1961. Death resulted from a car-truck collision on Highway No. 14 a short distance west of Huron. At the time Pickrel and a fellow employee, Allan Bell, were returning to their homes in Huron from a construction site near Kimball. They were riding in a pickup truck furnished by their employer and intended to return to Kimball in the same truck the following morning.

When Pickrel applied for work with the Beach Company he and his family resided in Watertown. Shortly after he was hired his family moved to Huron. Pickrel was paid on hourly wage based on an 8-hour day six days a week. In addition, the Beach Company furnished transportation to and from Huron and its construction sites. In this regard it was mutually understood that any employee could return to Huron from any construction job Wednesday and Saturday nights at company expense and would likewise be returned to work every Thursday and Monday morning. Pickup trucks were furnished and available for this purpose. With reference to the Wednesday night trips the manager of the Beach Company testified it was his stipulation that his employees 'would be brought to Huron on Wednesday nights and the next morning they would be returned to the job.' He further testified the purpose of such trips was 'more or less of an inducement' or 'benefit' for the men.

Pursuant to such arrangement Pickrel made numerous trips back to Huron to visit his family from various construction sites in vehicles furnished by his employer. Generally, various records, tools, supplies, or materials, were also transported by him to or from Huron for the Company. However, when the fatal collision occurred Pickrel and Bell were not transporting anything for their employer in the pickup truck and had not been requested to do so on this particular trip.

To be compensable under the Workmen's Compensation Act an injury or death must be one resulting from...