Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

ordinary negligence or amounted to foolhardiness or daredeviltry. That the act of the deceased in driving at said rate of speed was not in violation of any instructions, rules or orders made by the said employer, the W. D. Head Drilling Company, for the safety of its employees or any of them."

While so driving the car it ran into a sandy piece of road and overturned. Head was killed and the driver injured.

The law of this state in the Motor Vehicle Act (Stats. 1913, p. 649) declares: "Every person operating . . . a motor vehicle on the public highways of this State shall operate the same in a careful and prudent manner and at a rate of speed not greater than is reasonable and proper, having regard to the traffic and use of the highway, and no person shall operate or drive an automobile or other vehicle on the public highway as to endanger the life or limb of any person or the safety of any property; provided, that it shall be unlawful to drive at a rate of speed in excess of 30 miles an hour."

A violation of this provision is declared a misdemeanor, punishable by fine or imprisonment or both. Admittedly, therefore, under the very findings of the commission, Head was violating the express mandate of the law designed for his own protection, for the protection of the other occupants of the car and for the protection of the general public. His act in so doing was criminal. Much of the finding of the Commission which we have quoted at length is quite beside the question and without the slightest persuasive force. It matters not, for example, that the evidence is insufficient to establish that such speed was "unusual according to the usual custom of drivers of automobiles in that vicinity". That forty men violate the law and commit crimes is neither justification nor excuse for the forty-first man who does the same thing. Nor yet does it matter that Head was not afflicted with "speed mania," nor that his excessive speed did not "amount to foolhardiness or daredeviltry." Nor is it of the slightest consequence that Head was not violating any rule or order made by his company. Indeed, it would be as remarkable as it would be unnecessary for an employer to give a specific instruction upon a matter completely covered by a penal statute. The plain and unescapable fact is that Head was criminally violating a law designed for his own protection and for that of the general public. The statute itself forbade him from endangering "the life or limb of any person", himself as well as others, and fixed the danger point of speed at 30 miles an hour. The finding is that his rate of speed "was not entirely safe." But even without such a finding or if the finding declared it to be a safe rate of speed, the fact still remains that the deceased wilfully and deliberately misconducted himself and violated the plain mandate of the law. Says Willis (Workmen's Compensation, p. 58):

"Where there is a deliberate and unmistakable act of disobedience to an express order, or where there is a deliberate breach of a law or rule, which is framed in the interests of the workingman, it will be held that such a breach or such disobedience amounts to serious misconduct."

There is no finding and indeed nothing in the record extenuating or excusing the conduct of the deceased. He was not even impelled by the desire to make the train connection. He had four hours in which to travel forty miles. The conclusion is unavoidable that he was guilty of the wilful misconduct contemplated by the law. For this reason, without consideration paid to any of the other propositions urged upon our attention, the award of the commission must be and hereby is annulled.

We concur:

MELVIN, J.

SLOSS, J.

SHAW, J.

ANGELLOTTI, C. J.

LAWLOR, J.

HENSHAW, J.

68-22160

[blocks in formation]

Adkins, Dennis, vs. San Joaquin Light and Power Company

833

[blocks in formation]

Akins, Mohava, vs. Pacific Light and Power Corporation et al.

911

[blocks in formation]

Allen, Alice Worthington, vs. Denman & Murdock et al.--
Allen, F. L., vs. Riverside Portland Cement Company.

464

889

77

Allen, Gaylord S., vs. Holt Manufacturing Company et al..
Allen, W. F., et al. vs. Mainini-.

Allen, W. J., vs. McCloud River Lumber Company..
Allison, Edna Althea, et al., vs. County of Los Angeles_
Allyn, Jennie L., vs. Fresno Brewing Company et al..
Almeida, Alberto, vs. Cowell Portland Cement Company.
Alsheimer, Hans, vs. Rund__

Amalgamated Oil Company vs. Argyle....

196

903

750

588

782

452

984

528

Amalgamated Oil Company et al. vs. Leyman

223

Amalgamated Oil Company et al. vs. Morrison.

272

Ambrose, Thomas L., vs. Lasky Feature Play Company et al.

[blocks in formation]

Ames, John Fisher, vs. Central California Canneries et al..

1005

Amrakar, Martin, vs. Pacific Lumber Company--

107

Anaratone, Carlo, vs. Lemoore Canal and Irrigation Company et al..
Anderson, Alfred, vs. Hammond Lumber Company-

[blocks in formation]

Anderson, J. J., vs. Imperial Valley Oil and Cotton Company

[blocks in formation]

PAGE.

Anderson, Peter, et al. vs. San Diego Electric Railway Company.
Andreucetti, Americo, vs. California Brick Company et al..
Andrew, George, et al. vs. Alaska Packers Association_
Aodisio, Stephen, vs. Shea et al.--

263

208

768

175

Arata, L. & Company, vs. Sira-.
Arcade Stables et al. vs. Morris_

Arcata and Mad River Railroad Company et al. vs. Grassini..
Archer, Jane and Thomas, vs. Sly----

624

914

168

584

Arequipa Sanatorium vs. Pacific Coast Casualty Company.
Argyle, John R., vs. Amalgamated Oil Company et al..
Armantage, Dan, vs. Brea Boiler Works et al.--

1005

528

577

[blocks in formation]

Arrigoni, Pietro, vs. Holt Manufacturing Company et al..
Artesia Lumber and Cement Company vs. Ellicott--
Ash-Dunn Auto Repair Company vs. Watson---
Ash, Mrs. Sarah E., vs. Barker.

447

31

777

40

Ashton, Harvey C., vs. Erskine

935

Associated Charities of San Francisco et al. vs. Gerard_
Associated Oil Company et al. vs. McCullough--.
Associated Oil Company et al. vs. Tarter---
Astor, Sidney, vs. Independent Steamship Company.

705

451

845

26

Atchison, Topeka and Santa Fe Railway Company vs. Battenfield.
Atchison, Topeka and Santa Fe Railway Company vs. Donaldson.
Atchison, Topeka and Santa Fe Railway Company vs. Garcia----
Atchison, Topeka and Santa Fe Railway Company vs. Grigsby.
Atchison, Topeka and Santa Fe Railway Company vs. Luke-
Atchison, Topeka and Santa Fe Railway Company vs. Lutze.
Atchison, Topeka and Santa Fe Railway Company vs. Miller.
Atchison, Topeka and Santa Fe Railway Company vs. Smith.
Atkins, Frank, vs. Peoples' Express Company et al..
Attridge, James, vs. Natomas Company of California et al..
Auburn Lumber Company vs. McCombs--.

[blocks in formation]

Aylward, William, vs. Oceanic Steamship Company et al..
Azusa Irrigating Company et al. vs. Matney---.

[blocks in formation]

Barneburg, Mrs. Eva, vs. Northwestern Pacific Railway Company.

Barneson-Hibberd Warehouse Company vs. Makay

Barnhart, Charles A., vs. Boggus et al...

Barron, F. E., vs. City of Venice_____

336

141

927

31

Bartol, John, vs. Golden Centre of Grass Valley Mining Company et al.-------. 970

PAGE.

120

Batchelder, J. P., vs. Mount Whitney Power and Electric Company et al..
Battenfield, R. A. vs. Atchison, Topeka and Santa Fe Railway Company et al.-- 676
Bauer, Carrie M., vs. Times-Mirror Company et al.--
Baumgartner, H. G., vs. New Method Laundry Company et al..
Baxter, James I., vs. Beam--_.

307

619

298

Baxter, John, vs. Oakland-Antioch and Eastern Railway Company et al..

661

Bay Counties Express Company et al. vs. H. Christensen-.

999

Bay Shore Drayage Company vs. Denman_.

Bay Counties Express Company vs. Graham_

Bay Wrecking and Improvement Company et al. vs. Gurnel_
Beadle, A. W., vs. Kolvick et al..

Beam, John, vs. Baxter___.

47

617

707

336

298

[blocks in formation]

Beauchamp, J. W., vs. Chanslor-Canfield Midway Oil Company.

[blocks in formation]

Behre, Henry, vs. Pacific Woodworking Company et al.

[blocks in formation]

Benkendorf, Clara, vs. Glenwood Hotel Company et al...

[blocks in formation]

Bergisch, August, vs. Keystone Ornamental Iron and Bronze Works et al...

622

Berkeley Daily Gazette et al. vs. Brown--.

841

Berkeley Steel Company et al. vs. Brown-.

817

Berry, Clark Spencer, vs. Pacific Coast Steel Company et al.

200

Berry, Mrs. Eliza, vs. Wilson_-_

615

Berry-Mackie Company et al. vs. Schlegal et al..

466

Berthold, E. F., vs. McCormick Steamship Company et al.

919

Bertram, M. Grace, vs. Crocker Company.

392

Bewick, Mrs. Anna, vs. Petaluma Steam Laundry

859

Bianchini, Carlo, vs. Selby Smelting and Lead Company_

219

Biggs, Mrs. Rosa, vs. Pacific Light and Power Company....

536

Billingsley, Mrs. E. M.,. vs. United Tuna Packing Company et al..

[blocks in formation]

Bloom, F. E., vs. Pacific Hardware and Steel Company et al.

[blocks in formation]

Bohma, Mrs. Aline, vs. Western Union Telegraph Company.

282

« ΠροηγούμενηΣυνέχεια »