Opinion

Graf v. Montecito County Water District

  • 1 Cal. 2d 222
  • 34 P.2d 138
  • 1934 Cal. LEXIS 352
Court
California Supreme Court
Filed
Jul 2, 1934
Status
Published
Author
Shenk
On the bench
Shenk
Cited by
5 cases
Authority
More cited than 5.6%

The opinion

SHENK, J., Dissenting.

I dissent. It appeared by both pleading and proof on behalf of the plaintiffs that as a part of the working rules and contracts of employment the defendant water district permitted, and the circumstances of location of work and hours of employment required, the use of the defendant’s train as a means of access to and from lodgings provided by the employer. The railroad is not a common carrier and the passage was free of charge. The trial court applied the “premises” rule approved by this court in State Comp. Ins. Fund v. Industrial Acc. Com., 194 Cal. 28 [ 227 Pac. 168 ], and numerous other cases to like effect. The judgment has been reversed on the theory of the “going and coming” rule notwithstanding the showing, clear to my mind, that the “premises” rule should apply to the facts appearing in the record.

Rehearing denied.

Shenk, J., and Preston, J., voted for a rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.