Winter

On petition we heretofore issued a writ to review an order of the Industrial Accident Commission denying compensation to petitioner for the loss of an eye.

Respondent commission found that petitioner’s injury did not arise out of and in the course of his employment as a caddy by the Stockton Golf and Country Club.

There is no dispute as to the following facts: The Stockton Golf and Country Club maintains a golf course for the use of its members. Petitioner was working as a caddy, performing the usual duties of that employment. Petitioner worked during the 1952 summer vacation under a work permit granted by the proper authorities. Usually he reported at the club about 9 a. m. each day, signed his name on a sheet of paper, and waited until he was called by the caddy master. On call he would go out on the golf course with a designated player who, when the round was finished, would pay him whatever he deemed the services were worth. After he had done some caddying he learned that caddies were permitted to play golf on Mondays on the golf course and he asked and received permission from the caddy master to do this. On Mondays the club members generally did not play, and the only…