Behr v. Industrial Accident Commission

THOMPSON (R. L.), J.

This is a petition to review an award of damages which .was rendered on account of in

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juries which were sustained by the respondent Nancy C. Benning in the course of her employment in preparing fruit for a process of curing.

The petitioner owns a 95-aere fruit ranch in Lake County. In the month of June, 1930, she employed the claimant to assist her in cutting apricots for the purpose of drying them. She was paid for this service at the rate of thirty cents a box. There was no agreement to cut a specified amount of fruit. The cutting of fruit was performed in a shed which was situated on the petitioner’s premises, 250 yards distant from her dwelling-house. A well-defined pathway leads from the house to the shed.

There is a conflict of evidence, but the following statement of facts is adequately supported by the record. The claimant resided in Sonoma. She was temporarily visiting with her sister who lived on the property adjoining the petitioner’s farm. These three ladies were engaged in cutting apricots at the petitioner’s shed prior to the occurrence of the accident which is involved in this proceeding. The cutting of fruit was done under the direct supervision of the petitioner. In going to and returning from their work the claimant and her sister were accustomed to pass the petitioner’s dwelling-house along the pathway mentioned. They carried with them their luncheons. With the consent or at the request of the petitioner they ate their luncheons with her at the table in her home.

On the second day of their employment these ladies went from the shed to the petitioner’s home on the same premises for lunch. After completing the meal, the claimant told the petitioner they required at the shed some drinking water and a pail in which to wash their hands when they became smeared with fruit. The petitioner directed the claimant to take a canteen of water which hung from a nail on the porch, and the bucket which stood near by and carry them to the shed. Both the canteen of water and the pail were intended for the general use of the employees at the shed. Mrs. Benning thereupon picked up the pail and taking the canteen of water proceeded to carry them toward the shed. She had walked along the pathway but a short distance when she stepped upon an olive pit or some small rolling object and fell, breaking her ankle. She