Sperry Flour Co. v. Industrial Accident Commission

Good Law
1927 Cal. App. LEXIS 196·86 Cal. App. 206·260 P. 565
Court of Appeal of CaliforniaOctober 21, 1927Docket No. 5992.California745 words

Opinion

Lead Opinion

Tyler, J.

Certiorari to review an award of the Industrial Accident Commission. It appears therefrom that one E. A. Joseph was on September 18, 1926, in the employ of petitioner Sperry Flour Company and on that date he came to his death by reason of an industrial injury due to his having been overcome with poisonous fumes while fumigating a warehouse. Thereafter E. M. Joseph, father of the employee, filed an application for adjustment of claim with the Industrial Accident Commission and subsequently upon a hearing the applicant’s testimony was taken, which is the only testimony in the case. It showed that at the time of the death of his son applicant had his own home in Sacramento, while the son was living in Oakland and working for the Sperry Flour Company in that city. Residing with the father were the mother and two other children, a grown son, twenty-three years of age, a minor son aged nine, and a grandfather; the father was earning $225 per month. He owned his own home and was fully able to support his wife and minor son. The oldest son was working and living with the father and he contributed to the family about $30 per month. The testimony of the applicant further showed that the…

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