Mullane

This is a proceeding in certiorari to review a decision of the Industrial Accident Commission.

On October 8, 1928, petitioner’s husband, Edward A. Mullane, a salesman in the employ of the Pacific Gas & Electric Company in San Francisco, was violently and without provocation assaulted by a man conducting an apartment house when Mullane called at the house to demonstrate for a tenant therein a portable gas heater. He was seized about the throat, forced violently backward against the wall and then shoved down a flight of stairs. As he spiraled down the stairway his back struck forcibly against the banister, jamming the heater which he was holding under his arm against his back; and he finally landed at the foot of the stairs in a crouched position with his back against the banister. Mullane’s employer, being self-insured, placed him under the care of Dr. Haber, its doctor. At that time Mullane’s condition was not considered serious, and after remaining home a short time he resumed his duties; but his condition immediately grew worse and in a few days he was compelled to quit. Dr. Haber then caused X-rays to be taken which disclosed the development of a tubercular condition in the…