Duarte

Certiorari to review the findings and award of the Industrial Accident Commission denying compensation for the death of one Ysaae Duarte, husband and father, respectively, of the petitioners.

The deceased was an employee of respondent American Smelting and Refining Company. After rehearing, benefits were finally denied by the Commission upon the ground that there was a want of sufficient evidence to establish that death was proximately caused by any injury occurring in the course of employment, or arising out of the same, or that the employee sustained any injury at all at the time asserted in connection with such employment.

In support of her claim for death benefits the widow of Duarte testified in substance that on the sixteenth day of October, 1924, her husband left their place of residence to attend to his daily labor for the American Smelting and Refining Company, whose smelting works then and now are located at the town of Crockett; that in the evening of said day and upon his return from Avork he complained to her that he had been injured in the course of his employment; the injury had occurred Avhile he and a felloAV-employee were attempting to lift a ear loaded with…