London & Lancashire Co. v. Industrial Accident Commission

THE COURT.

The facts of this proceeding are these: The respondent S. M. Summers was employed by the California Iron Works as a millwright. His duties were to assist in the manufacture and assembling of machinery. Whenever his employer secured a contract for the installation of machín

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ery in any particular place, Summers was required to go to that place for that purpose. He thus traveled from place to place for his employer, and was allowed pay for the time consumed in making these journeys and also was allowed a sum to pay his traveling expenses. In going and coming he was allowed to use any means of conveyance he desired. At the time of the injuries for which he sought compensation he had been directed to go to the town of Alhambra, and undertook to make the journey in an automobile belonging to his son. During the trip Mr. Stamm, the manager of the employer, preceded Mr. Summers and his son in another machine, directing the journey and showing them the road. While on the way the automobile in which Summers was riding turned over and he sustained the injuries for which he seeks compensation. The Industrial Accident Commission allowed him compensation upon a showing of the foregoing facts.

The petitioner herein seeks to have reviewed the order of the commission in that regard, basing its application upon the contention that the undisputed evidence showed that the injury did not arise out of the applicant’s employment, for the reason that the risk of injury to which the applicant was exposed was one of those common risks to which the public generally are exposed and to which every employee who travels the streets or highways in any sort of vehicle going to or returning from his work is exposed.

On behalf of the respondent herein it is conceded that the general rule governing ordinary cases arising under the Workmen-’s Compensation Act is that for which the petitioner herein contends; but the respondent herein argues, we think convincingly, that the facts of this case bring it within the exceptions to the general rule. The exceptional cases are those wherein the employment itself is one in which the employee is required to travel from place to place at the will of tlie employer, and hence where the risks of such travel are directly incident to the employment itself, and hence wherein the accident occurring by reason of such risk is one arising out of the employment, and therefore a proper subject of compensation under the Employers’ Liability Act.