Beard v. Brown

McCLINTOCK, Justice,

dissenting in part and concurring in part, with whom ROSE, J., joins.

Notwithstanding the fact that the place where Mrs. Buller worked was an isolated location, removed from any available housing, and despite the fact that Frailey paid her an additional two hours compensation because of the necessity of traveling a considerable distance over unpaved and dusty roads, the majority reject the existence of even a factual question as to whether she was within the scope of her employment at the time of the accident and hold as a matter of law that Frailey had no responsibility…