Federal Mut. L. Ins. Co. v. Indus. Acc. Com.

[1] Respondent E.R. Underwood was employed as a ranch superintendent by a corporation that owned and operated a ranch. The corporation will hereafter be referred to as the company. In the discharge of his duties, which were varied in character, Underwood did much traveling far and near, in an automobile furnished him for the purpose by the company. Much of his time, also, was expended in various pursuits upon the ranch itself. He was supposed to be occupied about the company's business in the daytime from Monday morning to Saturday night of each week, but he was also subject to special call at any time, day or night. Upon the day — which was Saturday — upon which arose the occurrences which are of interest *Page 252 here, there was being considered the necessity for spraying some trees upon the ranch. It became necessary for a horticultural commissioner, who was stationed at a town some thirty-five miles from the ranch, to be consulted as to the best means of conducting the projected operations. Upon the Saturday afternoon Underwood's superior in the handling of the company's affairs instructed him to go to the horticultural commissioner and ask his advice upon the troublesome subject. Underwood testified before the respondent Industrial Accident Commission that the superior said he had seen an article in which a certain method of spraying was advised, and, further, "he instructed me to see [the commissioner] before returning to the ranch and consult with him as to whether it was necessary for us to do that on our particular place." Shortly after this conversation Underwood went to a garage not far from the ranch, where his car was being repaired, procured it and drove away. He did not take the direct road to the town above mentioned, but left it approximately at right angles on a course which, after two turns to the left, would bring him back to the direct route thus referred to. The distance around this detour — we so term it for convenience only — was about four miles. Underwood's home was at a point on the road he thus took, in a stretch he traversed after making the first left turn. Before he departed from the ranch one of the company's employees had given him some olives for his own consumption. These were contained in a large wooden bucket, which was filled with the fruit and with the brine in which it was immersed. When Underwood reached the garage he had placed the bucket in the car. When he reached his home he deposited the olives there and proceeded along the remainder of the so-called detour over a well-paved and well-traveled road which was on the direct route from his home to the town where the horticultural commissioner was to be found. On making the second turn above mentioned he collided with another automobile and was injured. He applied to respondent Commission for compensation for his injuries and an award was made in his favor. This proceeding was instituted for the purpose of annulling the award.