42 Ga. App. 177 | Ga. Ct. App. | 1930
Mrs. M. G. Waymick claimed compensation for the death of her husband, Mr. M. G. Waymick. Lindsay & Morgan Company was the employer, and the United States Fidelity & Guaranty Company the insurance carrier. Commissioner Land denied compensation; the industrial commission reversed his finding and awarded the applicant compensation of $12.75 a week for not more than three hundred weeks, and the judge of the superior court affirmed the award. The question for determination is
A fair general statement of the facts of the case appearing from the record follows: Ossabaw Island, which is near the City of Savannah, was the private property of Dr. Torrey and the place of his winter residence. Dr. Torrey owned and controlled the island exclusively, and the only means for reaching it was the private boat of the doctor. The superintendent lived near the boat-landing, and the eating and rooming place of the doctor’s regular employees was about one hundred and fifty yards from the superintendent’s house. For several years Lindsay & Morgan Company had renovated Dr. Torrey’s residence for his homecoming. Said residence was about three-quarters of a mile or a mile from the boat-landing. Lindsay & Morgan Company did interior decorating and had its place of business in the City of Savannah. Mr. Waymick was a painter and had been working for Lindsay & Morgan Company for several years. On the occasion in question he was in control of other employees of said company sent to work at Dr. Torrey’s residence. All of said employees were paid by the week, and all of them were housed and fed by Dr. Torrey at the sleeping and eating place of his regular employees near said boat-landing, he being obligated to board said employees while they were working on the island. The road leading from the landing to Dr. Torrey’s residence was a little rough, and Mr. Waymick was killed as the result of accidentally falling from an automobile-truck owned by Dr. Torrey while going from said residence to his sleeping and eating quarters after the day’s work was over.
Mr. E. G. Eogers testified: that he was vice-president of Lindsay & Morgan Company; that his company had been renovating Dr. Torrey’s residence for about four years; that witness would get a list of the things Dr. Torrey wanted done from his housekeeper and send his men out to do the work; 'that his employees were working for Lindsay & Morgan Company under Dr. Torrey; that said employees went to the island on Dr. Torrey’s boat, and that while being so transported they were drawing pay; that Dr. Torrey was obligated to furnish said employees with meals and a place to sleep; and that witness had been on the island and walked from the boat-landing to Dr. Torrey’s residence, and knew that his employees had to go
Mr. A. Lee testified: that he was working for Lindsay & Morgan Company at Ossabaw Island when Mr. Waymick was injured; that the employees of that company ate and slept near the landing and worked at the “main house,” which was about a mile away; that meals were furnished the workmen as part of their pay; that sometimes they would walk to their work, and sometimes would ride
To warrant a recovery in this case the injury must have arisen both out of and in the course of the employment. “An injury arises fin the course of employment,’ within the meaning of the
In making its award in this case, the industrial commission said: "Waymick met his death while going from the place he was working to the place where he was to'eat, and while being transported on a vehicle owned by Dr. Torrey. The conditions under which he was working were such that he was in effect engaged in his employment during the time that he spent on the island. Since the island was entirely under private ownership, he could only eat and sleep where directed by Dr. Torrey or Dr. Torrey’s foreman or manager. It is not clear that the car in which he was riding at the time he met his death was regularly furnished him and other employees of Lindsay & Morgan Company for transportation. However, it was in furtherance of his duties in getting to and from his work that he was riding in the car. In the opinion of the full commission it was an accident arising out of and in the course of the employee’s employment.”
The facts of this case differentiate it from any case to which our attention has been called. However, it has been said that compensation acts "should be liberally and broadly construed, to effect their beneficent purposes.” See New Amsterdam Co. v. Sumrell, supra.
Before concluding this opinion we shall advert briefly to the case of Norwich Union Indemnity Co. v. Johnson, 36 Ga. App. 186 (136 S. E. 335), which is cited by counsel for plaintiffs in error as controlling. In that case the driver of the truck could exercise his discretion in allowing the employees to ride, and “there was no objection to their riding on the trucks on their way to work if the truck was not loaded and was not running at the time of catching it.” At the time the employee attempted to boa.rd the truck and was killed, the truck was both loaded and moving, and the evidence did not show that the driver of the truck indicated in any way that said employee could ride. Clearly the accident did not arise out of the employment. It is equally apparent from an examination of the facts of the two decisions cited in that ease that those decisions do not control the case at bar. We refer to Ga. Ry. & Power Co. v. Clore, 34 Ga. App. 409 (129 S. E. 799), cited above, and Ga. Casualty Co. v. Martin, 157 Ga. 909 (122 S. E. 881).
Judgment affirmed.