Rex-Pyramid Oil Co. v. Magan

Opinion op the Court by

Yan Sant, Commissioner

— Affirming.

Appellee’s deceased husband, Kenneth Magan, was employed by appellant, the Bex-Pyramid Oil Company, to pump oil into tanks located on lands under lease to it near Buford, Ohio county, Kentucky. When a tank was filled it was Magan’s duty to call a gauger to measure the oil and release it in the pipe lines. In order to do so it was necessary, or at least customary, for him to use a telephone. Since appellant did not furnish one, it was necessary for him to leave the premises and avail himself of either of two phones in that community, one…