McDonagh

Return has been made upon an alternative writ of review issued herein. Petitioner was injured by the overturning of a conveyance in which he was riding, and he applied to the respondent Industrial Accident Commission for an order directing certain allowances to be made to him under the provisions of the act of the legislature. The commission found in favor of the petitioner as against J. Farrell MacDonald, but determined by its findings that no contract of employment existed between petitioner and the American Woman Film Company at the time of the accident. Petitioner was not satisfied with the finding exonerating the Film Company and prosecuted this writ for the purpose of having reviewed" the evidence heard by the commission. It is claimed that the evidence is insufficient to support the finding in favor of the Film Company, and that the uncontradicted evidence established that at the time petitioner received the injuries for which compensation was asked he was regularly pursuing his work under contract of employment with the company named. Of course it will be conceded at the outset that, in order to allow petitioner’s contention, it must appear from the evidence without any…