Citations
- 540 S.W.2d 460
Full opinion text
OPINION
PRESLAR, Chief Justice.
This is a workmen’s compensation case arising out of a motor vehicle collision which occurred when a drilling crew was going from a rig location in New Mexico to their homes in Monahans, Texas. Based on a jury verdict as to certain issues and a finding by the trial Court that as a matter of law the claimants were in the course and scope of their employment, judgment was entered for the claimants. We affirm.
The sole question on appeal is whether the injuries were sustained in the course of employment within the meaning of Sections 1 and lb of Article 8309, Tex.Rev.Civ.Stat. Ann.
The employees of Marcum Drilling Company were riding in a double-cab pickup driven and owned by their driller, George Lee Wilson. The driller was killed, but his case is not one of those before us. Billy R. Sanderson was killed, and Benito Calderon, Francisco S. Gonzales, and Jose R. Santiago were injured. The cases of these four crewmen were consolidated into this single cause for trial and for appeal. The accident happened on a public highway after the men had completed their tour of duty at the drilling rig and were on their way home. It was stipulated that, immediately prior to the accident, the crew members were on their way home to Monahans and were passengers in the pickup owned and driven by Wilson. The drilling location was approximately 100 miles from Monahans; there was no public transportation to it; it was located in a remote area where there were no living accommodations, so that it was necessary for the drilling crew to get from Monahans to the well site and back each day.
The occasion for the crew riding with the driller was under a plan whereby Marcum Drilling Company paid the driller 12