Flannery v. Industrial Commission

STEVENS, Chief Judge.

James E. Flannery, then 42 years of age, was a route supervisor for the respondent employer in the City of Tucson. His responsibilities as route supervisor required that he be on call 24 hours a day and to enable him to meet these responsibilities, he customarily had a company truck at his home overnight. The night of 1-2 December 1960, was no exception in this regard. On the night of 1 December he returned home in the neighborhood of eight o’clock, ate his dinner, fell asleep watching television, then slept soundly until his wife awakened him for breakfast and his return…