F. J. P. Meyer v. Western Fire Insurance Company

This is a workmens compensation case involving the statute dealing with the use of automobiles by employees. The plaintiff was injured in an automobile accident in Austin, Texas, and sought compensation. The question is whether the plaintiff was, under the statute, within the scope of his employment when he was injured. Reduced to its simplest terms, the problem is whether he was already working, or was simply on his way to work, at the time of the accident. The trial court entered a summary judgment for the defendant insurance company, holding that as a matter of law the plaintiff was not within the scope of his employment; i.e., he had not begun to work for his employer within the terms of the statute. The Court of Civil Appeals, by a divided court, affirmed. 418 S.W.2d 318. The plaintiff is here contending that there is an issue of fact as to whether he was acting in the scope of his employment.