Graf

I dissent. It appeared by both pleading and proof on behalf of the plaintiffs that as a part of the working rules and contracts of employment the defendant water district permitted, and the circumstances of location of work and hours of employment required, the use of the defendant’s train as a means of access to and from lodgings provided by the employer. The railroad is not a common carrier and the passage was free of charge. The trial court applied the “premises” rule approved by this court in State Comp. Ins. Fund v. Industrial Acc. Com., 194 Cal. 28 [ 227 Pac. 168 ], and numerous other cases to like effect. The judgment has been reversed on the theory of the “going and coming” rule notwithstanding the showing, clear to my mind, that the “premises” rule should apply to the facts appearing in the record.

Rehearing denied.

Shenk, J., and Preston, J., voted for a rehearing.

A hearing was granted in these consolidated cases after decision by the District Court of Appeal, Second Appellate District, Division Two. Upon further consideration we are satisfied that said court has correctly determined the issues, and we hereby adopt the following opinion of Mr. Justice Stephens as the opinion of this court:

“This is an appeal from a judgment of nonsuit. The appellants have consolidated their eases on appeal. Substantially the facts are as follows: On June 14, 1930, appellants were injured while riding on a railroad owned and operated by the respondent upon the respondent’s premises; they brought suits for damages for personal injuries and upon conclusion of their cases in chief respondent upon motion therefor was granted a nonsuit upon the ground that the superior court did not have jurisdiction of the subject-matter of the actions because appellants, at the time they incurred their injuries, were employees of the respondent and that both appellants and respondent were subject to the provisions of the Workmen’s Compensation, Insurance and Safety Act (Stats. 1917, p. 831) and that the industrial accident commission of the state of California has sole and…

THE COURT.

A hearing was granted in these consolidated cases after decision by the District Court of Appeal, Second Appellate District, Division Two. Upon further consideration we are satisfied that said court has correctly determined the issues, and we hereby adopt the following opinion of Mr. Justice Stephens as the opinion of this court:

"This is an appeal from a judgment of nonsuit. The appellants have consolidated their cases on appeal. Substantially the facts are as follows: On June 14, 1930, appellants were injured while riding on a railroad owned and operated by the respondent upon the respondent's premises; they brought suits for damages for personal injuries and upon conclusion of their cases in chief respondent upon motion therefor was granted a nonsuit upon the ground that the superior court did not have jurisdiction of the subject-matter of the actions because appellants, at the time they incurred their injuries, were employees of the respondent and that both appellants and respondent were subject to the provisions of the Workmen's Compensation, Insurance and Safety Act (Stats. 1917, p. 831) and that the industrial accident commission of the state of California has…