Allford v. Murray

1966 OK 257, 421 P.2d 822
CourtSupreme Court of Oklahoma
DecidedDecember 27, 1966
DocketNo. 41968
StatusPublished
Cited by1 cases

This text of 1966 OK 257 (Allford v. Murray) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allford v. Murray, 1966 OK 257, 421 P.2d 822 (Okla. 1966).

Opinion

BLACKBIRD, Justice.

In the proceedings herein reviewed, this State’s Industrial Court upheld a claim for death benefits Mary E. Murray, widow of Ray Thomas Murray, filed as claimant, alleging that her said deceased husband died by drowning on Lake Eufaula, August 1, 1965, while employed as a mechanic by Antney Allford, d/b/a Allford’s Main Street Station of McAlester, Oklahoma. We will hereafter refer to her as “claimant”, and to said employer and his insurance carrier, the Western Casualty & Surety Company, collectively, as “petitioner.”

The principal issue before the Industrial Court, as trial court, was whether or not Murray’s fatal injury arose out of, and in the course of, his employment. In its order awarding the death benefits claimed, said court specifically found and determined this issue in the affirmative.

In herein seeking vacation of the award, petitioners contend that the evidence is insufficient to support that finding.

It was stipulated at the trial that, before Murray’s death, he was employed by All-ford as a boat mechanic in the boat shop which the latter operated adjacent to, and in connection with, Allford’s Main Street Station. The only question was whether or not Murray, while boating on Lake Eufaula, and during which he went into the water and drowned, was engaged within the scope of that employment.

According to the undisputed evidence, Allford’s boat shop bought and sold both new and used boats and boat motors, and required used ones for resale. Murray both supervised repair work by other mechanics and did much of such work himself. The boat involved in the accident was one that Allford had first purchased from one Har•old Knox, in December, 1964, then two weeks later, resold to one Jim Walker, and subsequently, about March 15, 1965, allowed Walker to turn back. The boat had since been kept in an old double garage building Allford used as a store room, on the back of his service station, and/or boat shop, property. According to the deposition of his 17-year-old son Jimmie, Murray had worked on the boat all of the night before the accident, and, on the day thereof, with it on a trailer attached to his own automobile, and equipped with water skis borrowed from Allford, he drove the claimant, their sons, Jimmie and William, together with their three younger children, and Jimmie’s girl friend, from their home in McAlester to a recreation area near the edge of Lake Eufaula, where they all had a picnic lunch, After the lunch and putting the boat into the water, Murray took different ones of the party out in the boat on the lake at different times, and, according to the two older sons’ depositions, he worked on and/or made adjustments in the boat’s out board motor at the rear of the boat, on each of these excursions. On the last of these, the boat was pulling William on water skis, when he toppled off the skis into the water. When William’s head again came to the surface, he saw his father and his younger sister and brother, Barbara and Charles, out of the boat and in the water. William’s deposition was to the effect that by the time he could swim to his father, and try to help rescue him and the younger children, Murray was drowned.

There was much conflicting testimony concerning varying theories as to what was the purpose of the Murray Family’s trip to the lake, and of the operating of the boat on the lake, it being the theory of the respondents that both were just parts of a family outing and private mission, or project, having no connection whatsoever with Allford’s boat business. The testimony and depositions of the claimant and the only two of the couple’s children (Jimmie and William) who were interrogated, however, were to the effect that it was a part of Murray’s employment to test and adjust boat motors on the lake, that he [824]*824had often done this, and that that was what he had been doing when he, in some manner, fell, or was thrown, into the water and drowned. A portion of the claimant’s testimony was as follows:

“Q * * * was it a part of his (the deceased) job to service boats after hours and on Sundays.
“A Yes sir.
“Q Can you tell the Court what the occasion was for your husband going to the lake on this particular day was ?
“A Well he was going to check out the boat, and see how it run, they knew nothing about the boat, it was one that had been treated (traded).
“Q When you got to the lake what did you do ?
“A Well we had a picnic lunch and then he let the children go with him in the boat, where he could test it, check it out and see what was wrong.

The testimony of the respondent Allford was to the effect that the involved boat was in perfect condition, that he had not instructed the deceased to do any work on it, and that it did not need any done on it. In one portion of his testimony, this witness indicated that there was an element of estrangement between Murray, and claimant, and he explained Murray’s use of the boat on the day of his death by stating that he lent it to him, at Murray’s request, after said employee had told him, in substance, that he needed it for an outing with his family to promote a reconciliation.

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Bluebook (online)
1966 OK 257, 421 P.2d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allford-v-murray-okla-1966.