Pillsbury

This is an application for a writ of review directed against the Industrial Accident Commission by the petitioner, who is the insurer of the Simon Millinery Company of San Francisco, which company was the employer of one Simon Cassell, an errand boy, who was killed in an elevator accident during the time of his employment by said company.

The facts of the case as disclosed by the record are briefly these: The deceased, Simon Cassell, entered the employment of the Simon Millinery Company as an errand boy about one month prior to the accident in which he met his death. The place of business of the Simon Millinery Company was in the Lincoln Building, situate near the corner of Fifth and Market Streets in said city. There were several passenger and freight elevators in said building. The tenants in the portion of the building fronting on Market Street used chiefly the freight and passenger elevators near the entrance to said building on, said street. There was also a freight and passenger elevator chiefly used by tenants in that portion of the building fronting upon Fifth Street, and it was in the freight elevator near the Fifth Street entrance that the deceased met with the accident…