Stockton v. Anderson Motor Service Co.

• Decision Date: 12 November 1935
• Citation: 89 S.W.2d 573,230 Mo.App. 211
• Parties: ANNA E. STOCKTON, RESPONDENT, v. ANDERSON MOTOR SERVICE COMPANY ET AL., APPELLANTS
• Court: Kansas Court of Appeals

89 S.W.2d 573

230 Mo.App. 211

ANNA E. STOCKTON, RESPONDENT, v. ANDERSON MOTOR SERVICE COMPANY ET AL., APPELLANTS

Court of Appeals of Missouri, Kansas City

November 12, 1935

Appeal from Circuit Court of Jackson County.--Hon. Ben Terte, Judge.

REVERSED AND REMANDED (with directions).

Reversed and remanded.

Harris & Koontz for respondent.

Russell Field for appellants.

OPINION

TRIMBLE, J.

This case originated in the Missouri Workmen's Compensation Commission by Anna E. Stockton (mother of and dependent on Robert S. Stockton), filing a claim for compensation for the death of her son caused on August 15 1934, by an accident arising out of and in the course of his employment.

She alleged in her claim that her son's average weekly wages were $ 18; that the accident occurred on August 14, 1934 about 8:30 A. M., near Collinsville, Illinois, on the public highway where the son was engaged in work for his employers driving a truck carrying freight, which ran off the road and injured him so that he died on August 15, 1934; that his employers were the Anderson Motor Service Company and Reese Phipps, and the insurer was the American Employers Insurance Company.

An answer was filed by Anderson Motor Service Company and its insurer in which they denied that the deceased was an employee of the Anderson Motor Service Company but asserted that he was employed by Phipps Brothers of Kansas City, Missouri, who were independent contractors, and that the accident resulting in Stockton's death did not occur on or about the premises of Anderson Motor Service Company.

A hearing was had before Commissioner James, who made a finding that deceased, Robert S. Stockton, was employed by Reese Phipps who was an independent contractor, and that at the time and place of the fatal injury, Phipps was doing work for the Anderson Motor Service Company, but the work was not being done on or about the premises of the Anderson Motor Service Company, and it is not liable for the death of the said employee of Reese Phipps, an independent contractor; wherefore, the commissioner found that the Anderson Motor Service Company, and its said insurer are released and discharged from any and all liability on account of the fatal accident to said Robert S. Stockton.

The commissioner further found that Reese Phipps was a minor employer and had not elected to accept the provision of the Missouri Workmen's Compensation Act and the commission was without jurisdiction to hear and determine the claim against said Phipps.

Commissioner James thereupon refused to make any award of compensation to the claimant, but found in favor of the employer and insurer.

In due time, claimant applied for a review by the full commission and this was had; and on March 29, 1935, a majority of the commission reversed and set aside the order made by Commissioner James, and awarded compensation for said accident in favor of the claimant and against the said employer Anderson Motor Service Company and its insurer, the American Employers Insurance Company, the award being $ 30.50 for medical aid, $ 150 for burial expenses and to the dependent mother, Anna E. Stockton, $ 10 per week for 300 weeks. Later on the same day, March 29, 1935, a majority of the commission found, from the evidence, that the Anderson Motor Service Company was in the business of transporting freight by truck over the highways of this and other states; that for the purpose of carrying on this business they contracted with Reese Phipps to haul some of the freight for them; that Phipps was an independent contractor, and the deceased, Robert S. Stockton, was hired by Phipps to help transport the freight; that the accident occurred in Illinois but the contract of employment was made in Missouri.

The majority of the commission also found that the Anderson Motor Service Company had contracted with Phipps to do the work which was an operation of their usual business; that as the far greater portion of the business of the Anderson Motor Service Company was conducted on the highways of the different states in which the company operated, therefore, in the opinion of the majority of the commission the highways were a part of the company's premises for the purpose of conducting their business of hauling freight, and therefore this work was a part of its usual business, and, as the accident occurred on or about their premises, the Anderson Motor Service Company was an employer of the deceased and must be deemed an employer of the deceased and liable for his death.

Commissioner James dissented because, in...