Sand Springs Home v. Dail

• Decision Date: 21 May 1940
• Docket Number: 29482.
• Parties: SAND SPRINGS HOME et al. v. DAIL et al.
• Court: Oklahoma Supreme Court

103 P.2d 524

187 Okla. 431, 1940 OK 279

SAND SPRINGS HOME et al. v. DAIL et al.

No. 29482.

Supreme Court of Oklahoma

May 21, 1940

Rehearing Denied June 18, 1940.

Syllabus by the Court.

1. A joint adventure is a special combination of two or more persons where in some specific venture a profit is jointly sought without any partnership or corporate designation. By the special agreement the parties may limit their respective profits and provide which particular part of the expenses each should bear before participation in any profits.

2. Record examined, and held, evidence sufficient to support the finding of the State Industrial Commission.

Original proceeding by the Sand Springs Home, a corporation, and the Hartford Accident & Indemnity Company, a corporation, against E. D. Dail and the Traders & General Insurance Company, a corporation, Charles Emmett Gillespie, and the State Industrial Commission, to review an award of compensation by the State Industrial Commission under the Workmen's Compensation Law, 85 Okl.St.Ann. § 1 et seq., in favor of Charles Emmett Gillespie, employee.

Award sustained.

J. B Houston and E. J. Doerner, both of Tulsa, for petitioners.

Thompson & Ingersol, Roy V. Lewis, and A. M. Covington, all of Tulsa Pierce & Rucker, of Oklahoma City, and Mac Q. Williamson Atty. Gen., for respondents.

PER CURIAM.

On the 30th day of March, 1939, the respondent filed his first notice of injury and claim for compensation stating that on December 2, 1938, while engaged in a hazardous occupation covered by the Workmen's Compensation Law, section 13348, O.S.1931, et seq., 85 Okl.St.Ann. § 1, et seq., he was injured when he stepped into a rut and sprained his foot. At the time of the accidental injury he was employed as a pumper by E. D. Dail on the Nancy Jones lease west of Sand Springs. He went to a tank of oil to shut it off, and while on the way he stepped into a rut, thus sustaining the injury which resulted in the loss of the foot.

At the conclusion of all of the hearings an award for temporary total disability and the loss of the foot was entered against E. D. Dail and his insurance carrier and Sand Springs Home and its insurance carrier on the theory that Dail and the Sand Springs Home were joint venturers. The Sand Springs Home and its insurance carrier have filed this original proceeding to vacate the award as to them. E. D. Dail and his insurance carrier make no appearance.

First it is alleged that the Sand Springs Home could not be engaged as a partner or joint adventurer with an individual. This court has held that a corporation has the power to enter into a joint venture with an individual. Municipal Paving Co v. Herring, 50 Okl. 470, 150 P. 1067, citing Mestier & Co. v. A. Chevalier Pavement Co., 108 La. 562, 32 So. 520.

It is next urged that there was no justification for the finding by the State Industrial Commission that there was a joint venture. The rule to be applied in determining this question has been announced in E. D. Bedwell Coal Co. v. State Industrial Commission, 157 Okl. 227, 11 P.2d 527 wherein this court held that a joint adventure may exist where persons...