Satchell v. Industrial Acc. Commission of State of Cal.

• Decision Date: 04 November 1949
• Citation: 210 P.2d 867,94 Cal.App.2d 473
• Parties: SATCHELL et al. v. INDUSTRIAL ACCIDENT COMMISSION OF STATE OF CALIFORNIA et al. Civ. 17220.
• Court: California Court of Appeals Court of Appeals

Page 867

210 P.2d 867

94 Cal.App.2d 473

SATCHELL et al. v. INDUSTRIAL ACCIDENT COMMISSION OF STATE OF CALIFORNIA et al.

Civ. 17220.

District Court of Appeal, Second District, Division 3, California.

Nov. 4, 1949.

Kearney, McCartney, Scott & Clopton, Los Angeles, for petitioners.

T. Groezinger and Robert Ball, San Francisco, for Industrial Accident Commission.

Frank W. Troost, Los Angeles, for other respondents.

SHINN, Presiding Justice.

Review of an award of burial expenses and death benefit payable to Clara Lancaster, widow of Alex Lancaster. The question for decision is whether there was substantial evidence to justify the finding of the Industrial Accident Commission that the injury sustained by Alex Lancaster arose out of and occurred in the course of his employment. He was a spotter for Washington Cleaners and Dyers, a partnership composed of Edward Satchell, James Henry Satchell and Edward Henry Satchell, Jr. In the afternoon of December 24, 1947, Mr. Lancaster, while at his place of employment, drank carbon tetrachloride from a bottle which he evidently believed contained whiskey. Five days later he died from the effects of the poison.

The record in this matter is lengthy. Our labor has been greatly increased by the deficiencies of the practice that is followed in these review proceedings. It is not customary to have the evidence transcribed unless a writ is issued. The statement of the evidence by the petitioner, which is wholly inadequate in the instant proceeding, and that of the respondents, having been prepared before a transcript was available, and not being supplemented in any manner thereafter, have no transcript references. Important items of evidence disclosed by reading the entire transcript of the evidence have been overlooked by the parties.

The Satchells had some 45 employees, among whom were five or more spotters. Lancaster had been in their employ for six years. The employers gave a Christmas party at the plant for which they provided food and drinks, including a case of whiskey, procured by Edward Satchell, which was entirely consumed during the course of the party. While all the direct and positive evidence was that this party was given on the evening of December 20th it is argued by respondents that there was substantial evidence it was held on the 24th and that we must assume the referee so decided. It is not seriously contended by petitioners that the death would not have been compensable if the fatal drink had been taken at the employers' party. It is strenuously argued, however, that any drinking which took place on another occasion would not have arisen out of or in the course of the employment. After a careful study of the record and mature consideration of the questions we are unable to agree with either contention.

A police officer testified that about December 30th Edward Satchell, who was the head of the firm, told him that the employers' party was given the afternoon of December 24th. A daughter of decedent testified that on the evening of the 24th her father, who had returned home about 4 p.m. and was suffering great distress, told her there had been a party and that he had drunk carbon tetrachloride. Evidence of Satchell's alleged statement, although contradicted by strong and positive testimony of interested and disinterested witnesses, would no doubt be sufficient to support a finding, had one been made, that the party was held on the 24th. No such finding was made upon the record it cannot be supplied by implication. The rule that it will be presumed by a reviewing court that the trier of facts made all determinations of fact, and that all findings should be implied which are necessary to support the judgment or order, and which would find support in the evidence, has limitations which a reviewing court cannot conscientiously ignore. If the record clearly shows that the trier of fact declared that a state of facts entering into his decision had or had not been established by the evidence, it would be an absurd reliance upon a fiction, and a grave injustice, for a reviewing court to imply a finding in support of the judgment or order contrary to such oral declaration. It is clear from the record that the referee in the instant proceeding gave credit to the testimony of the witnesses who swore that the employers' party was given the afternoon of December 20th. He did not find that the fatal drinking took place during a party given by the employers. He stated in his report: 'It is the opinion of the undersigned that there probably was a party of some sort on December 24, 1947; that while the so called Christmas party may have been on Saturday before Christmas Eve (December 20th) there was also drinking on the day before Christmas. (Emphasis added.) Futhermore, after hearing the witnesses and observing them it is my opinion that the employers had no objections to such drinking on Christmas Eve. It is, therefore, my conclusion that the decedent employee met his death as the result of an injury arising out of and occurring in the course of his employment.'

We shall therefore assume that no employers' party was given on the 24th. It is true that there was evidence that Edward Satchell was gnerally opposed to drinking on the premises. He testified that he had orally so informed his employees, although Alex Lancaster, Jr., an employee, testified that he had never been so informed. It was the practice for the spotters to play cards Friday afternoons, but to remain on the premises in order to perfect their work if the inspectors found it needed further attention. There was testimony that there was usually a good bit of drinking during these card games. Alex Lancaster drank some every day, although not to excess. Edward Satchell testified that he warned Lancaster against drinking 'maybe several times a week.' Other spotters bought whiskey from time to time, consumed it on the premises, but usually concealed their bottles in a trough outside the building and threw empty ones in an ashcan of a neighboring business. There was evidence that on the afternoon of December 24th a card game was in progress in which Edward Satchell participated. There was no evidence that the players were drinking during the course of the game. The morning of the 24th Alex Lancaster had received a present of a bottle of whiskey and had consumed it. Tom Satchell, a relative and employee of the partners, was drinking and saw Lancaster drinking.

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