Department of Public Works v. Industrial Accident Commission

THOMPSON (R. L.), J. This is a petition to review an award of damages which was rendered against the Highway Division of the Department of Public Works of the State of California pursuant to the Workmen’s Compensation, Insurance and Safety Act, on account of the death of a laborer which occurred as the result of an automobile casualty.

In January, 1932, Edward E. Dreyer was employed by the Department of Public Works of the State of California as a laborer to assist in .clearing the highway of snow and debris in the vicinity of San Bernardino. Dreyer lived at Crestline. He was living separate and apart from the respondent Ruth Dreyer, who is his widow. She was par[129]tially. dependent upon him for support pursuant to an agreement between them for a settlement of property rights. The laborers were required to report for work each morning at 7 o’clock at the Btiwanda tollhouse on the mountain highway about seven miles from San Bernardino. The employer’s trucks left San Bernardino for the tollhouse at 6:30 A. M. Workmen were permitted to ride in these trucks free of charge. They were riot required to travel this way. Several of them drove their own cars to the tollhouse, where some of the private machines were parked, and some laborers proceeded to the location of their employment in the trucks. Others were accustomed to drive their own automobiles on from the tollhouse to the place of their employment. This was done with the knowledge and consent of the foreman. Mr. Davidson, foreman in charge of the work, testified in that regard: 11Q. Some of them (the workmen) took their own cars all the way up (the highway, to the place where they were engaged in working) ? A. Yes. Q. Without any' objection from the foreman or instructions to the contrary? A. I never made any objection. ’ ’

On the morning of January 23, 1932, Dreyer drove his own machine from Crestline to the tollhouse, where he reported for work at 7 o’clock. Roy Clark, who was an assistant foreman in charge of the highway work that day, directed Dreyer to assist him in transferring to the trucks the hand tools which were stored at the tollhouse. The workmen were engaged in clearing the highway of snow and debris at a point several miles beyond the tollhouse. It was a cold snowy morning. The workmen were permitted to ride in the trucks free of charge, from the tollhouse to the place of employment. They were not instructed or required to do so. It was optional with them, whether they rode in the trucks, or drove their own machines. Mr. Clark testified in that regard: “They (the workmen) have been driving in their own car; if a,man wants to drive in their own car, why (they are authorized) to go ahead; they were not compelled to ride in the trucks. ’ ’