![]() He assisted me in breaking three colts, that is, we broke the colts together. He was asked: "In addition to that what did he have to do or what did he do in regard to the horses? A. He stated that Shannahan was employed to drive a Fresno. In the present case Adams was the superintendent on the ranch with authority to direct the men about their work. That may be true, but the trend of the argument is that a man working on a ranch must confine himself strictly to the minimum amount of work expected of him in order to keep his job, and must have his duties very definitely defined, otherwise he will lose his right to compensation for injuries sustained while serving his employer's interests with the knowledge, consent, and encouragement of the employer. It is urged, as a material fact, that had Shannahan not watered the unbroken horse or assisted in training him, this work would have been done by the superintendent or by someone else on the ranch and Shannahan would not have been discharged because of neglect of duty. Petitioner argues that as Shannahan was employed to do grading on the ranch, his duties did not include any work with the horse which injured him that while he did assist the superintendent on two occasions, in driving this horse in a wagon, this was done merely as an accommodation to the superintendent. No, he was behind the fence, and he came and the milker heard it and he ran out, and that is the time I was tromped. Just reared up and I said, 'Oh, Larry! Oh, Larry!' and he said 'All right, Jim.' Q. I had her by the halter and didn't want it to get away. When you put your foot on the stirrup, what happened? A. Had he seen you with this horse before? A. I want to know if you were doing anything that was not within your duties or within his knowledge, did he ever object to your watering this horse or putting the saddle on him? A. I don't know, sometimes I did it when he was not there - any time I saw her standing there. Had you ever put the saddle on before with Mr. Yes, I was the first one to draw a line on her? Q. What had you to do with the breaking of that horse? A. Yes, we had hooked it up on the wagon a couple of times. "I watered him, and to get him gentle, the saddle was on and the bridle and I put my foot on the saddle so the weight on the stirrup would get him gentle. Here is his account of what then occurred: On the evening of the accident, between 6 and 7 o'clock, he took one of the horses out for water. ![]() Adams was aware of this and did not object thereto that he worked eight or nine hours a day on the ranch that he did not have any regular hours, but worked until "things were done" that he would be engaged in watering the stock sometimes until half-past 7 o'clock. Adams had not instructed him to water the other horses, but he watered them as he watered his own team and Mr. Adams, the superintendent, was not around to do it that Mr. He testified that when he started his work on the ranch he "broke" three horses that he was employed generally to do "scraping" that he watered and fed the horses on the ranch that he would come in with his own team and water it and then go down and water the extra stock whenever Mr. He testified that he was to be paid three dollars a day for his services for six days a week, together with board and lodging for seven days. On February 8, 1921, Shannahan was employed by the Cloman Land and Sheep Company to work on a ranch owned by said company and situated at Grimes, California. Petitioner asserts that Shannahan was not entitled to compensation or to any of the benefits of the Workmen's Compensation, Insurance and Safety Act, because at the time of his injury he was not employed by Cloman Land and Sheep Company and was not performing services growing out of and incidental to his employment. This matter comes before us upon a writ of certiorari to review the award of the respondent Industrial Accident Commission, by which respondent James Shannahan was allowed the sum of $107.34 as damages suffered by him by reason of an injury sustained, according to the findings of the said commission, in the course of and arising out of his employment with the Cloman Land and Sheep Company, of which company the petitioner was the insurer.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |