Mono County v. Industrial Accident Commission

SLOSS, J.

James P. Dolan was the duly elected and qualified sheriff of Mono County. In July, 1915, he was called to a ranch, where depredations had been committed. While looking for the offenders, he encountered two men, whom he accosted. They opened fire, and inflicted fatal wounds upon him. The commission made an award in favor of his widow and against the county. Upon the petition of

[753]

Mono County, this court issued a writ of

certiorari

to review the award.

Assuming for the moment that the sheriff is an. “employee” of the county within the meaning of the Workmen’s Compensation Act (Stats. 1911, p. 796), we see no merit in the petitioner’s contentions that the injuries received by Dolan did not arise out of or in the course of his employment, or that they were caused by his willful misconduct. The only question worthy of consideration is whether he was an “employee” within the meaning of the Workmen’s Compensation Act. The statute, as it read on July 26, 1915, contained these definitions:

“See. 13. The term ‘employer’ as used in sections twelve to thirty-five, inclusive, of this act shall be construed to mean: The state, and each county, city and county, city, school district and all public corporations therein, and every person, firm, voluntary association, and private corporation, (including any public service corporation) who has any person in service under any appointment or contract of hire, or apprenticeship, express or implied, oral or written, and the legal representatives of any deceased employer. [Stats. 1915, p. 1081.]

“Sec. 14. The term ‘employee’ as used in sections twelve to thirty-five, inclusive, of this act shall be construed to mean: Every person in the service of an employer as defined by section thirteen hereof under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens and also including minors, but excluding any person whose employment is both casual and not in the usual course of the trade, business, profession or occupation of his employer, and also excluding any employee engaged in farm, dairy, agricultural, viticultural, or horticultural labor, in stock or poultry raising or in household domestic service, . . . ” [Stats. 1915, p. 913.]