Pasadena

Petitioner herein brings this proceeding for the purpose of having reviewed the evidence taken before, and an award made by, the Industrial Accident Commission. The contention urged in support of petition is that the accident which caused the injuries of the complainant did not arise out of the employment in which claimant was at the time engaged. The facts are succinctly stated in the findings of the commission, from which we here quote: “Applicant was one of a small group or gang of high school students hoeing weeds under hire of defendant city during vacation, under immediate direction of one Prank Wood, a student of about the same age as applicant; that said Wood did not have authority to discharge or discipline any member of the gang and applicant so understood; that said Wood, under pretense of such authority, purported to discharge applicant for some alleged breach of rules and attempted to take away from applicant the latter’s hoe, Wood being entirely the aggressor; that applicant resisted and in the ensuing scuffle he sustained injury to his left ankle; that it is claimed on behalf of Wood that his motives in so acting were those of playfulness and in the spirit of a…