STANDARD PAVING CO. v. WILLIAMS

STANDARD PAVING CO. v. WILLIAMS
1944 OK 166
147 P.2d 986
194 Okla. 171
Case Number: 30876
Decided: 04/04/1944
Supreme Court of Oklahoma

STANDARD PAVING CO.
v.
WILLIAMS et al.

Syllabus

¶0 WORKMEN'S COMPENSATION--Employee of highway contractor entitled to compensation where injured while driving over partially completed portion of highway.
Where an employer is constructing a highway and permits employees to drive over and upon the partially completed portion thereof as a means of access to place of actual daily employment, but maintains barriers at the entrance to such partially completed portion to bar the general traveling public therefrom, and it is a part of employee's duties to observe and replace dislocated barriers and aid employer in maintaining such barriers, an accident occurring to such an employee after he has so gone upon the partially completed portion of said highway on his way to work arises out of and in the course of employment and falls within the purview of the Workmen's Compensation Act.

Original proceeding in the Supreme Court by the Standard Paving Company to review an award of the State Industrial Commission in favor of John Preston Williams. Award affirmed.

Page & Spencer, of Oklahoma City, for petitioner.
Streeter Speakman, of Sapulpa, and Mac Q. Williamson, Atty. Gen., for respondents.

ARNOLD, J.

¶1 The fact situation in the case at bar is disclosed by the case of Standard Paving Co. v. Newman, 194 Okla. 166, 147 P.2d 983. The principles involved are identical and the opinion therein is controlling herein.

¶2 The award of the State Industrial Commission is sustained.

¶3 CORN, C.J., and RILEY, OSBORN, BAYLESS, WELCH, HURST, and DAVISON, JJ., concur. GIBSON, V.C.J., dissents.