Miller & Lux v. Industrial Accident Commission

This is a petition for a writ of review. The facts of the case are undisputed. They show that Sidney Eligh entered the employ of the petitioner early in the month of August, 1915, as a carpenter and as the foreman in charge of the construction of a fourteen room cottage upon one of the numerous properties of the petitioner known as the Button Willow ranch, located in Kern County, California, and containing about one hundred thousand acres of land; said building when completed was to be occupied by other employees of the petitioner upon this ranch. After having continued in this employment for a period of fifty-seven days, Eligh suffered an injury to one of Ms eyes during the course of his duties in and about the building, which injury formed the basis of his claim for compensation presented to the Industrial Accident Commission. Upon the hearing before the commission the applicant received an award for his said injuries. The petitioner herein seeks to review such award upon the ground chiefly that the applicant’s employment was casual and not in the usual course of the trade, business, profession, or occupation of his employer.

The record discloses that Miller & Lux,…