Capital Glenn Mining Co. v. Industrial Accident Commission

This is a proceeding in certiorari to review the award of the Industrial Accident Commission which was rendered against the petitioner, as the employer, on account of the death of George B. Henry, which occurred in the course of his employment in the operation of a mine. The Ocean Accident & Guarantee Corporation, Ltd., was exempted from liability by the Commission, as the insurer of the petitioner, on account of a mistake in the name of the assured as it appears in the policy.

The essential facts of the case are undisputed. Prior to November 15, 1929, Senator J. M. Inman, A. F. Giddings, C. L. O’Brien and E. C. Coates, as copartners, were engaged in operating a gold mine in Placer County under the name of “Glenn Mine”. On the last-mentioned date, these same individuals and the Stark Brothers incorporated this mining enterprise under the name of “Capital Glenn Mining Company”. Its articles were duly recorded. The mine continued to operate as a corporation in exactly the same manner it was previously conducted as a copartnership. Among the miners who were employed by the partnership and continued to serve in the same capacity under the management of the corporation was George B.…