Mello

This is an application for a writ of certiorari to review an order of the Industrial Accident Commission denying compensation to the petitioners, the surviving wife and children of Antonio Mello, deceased, who, at the time of his death, was in the employ of St. John’s Park Company as a prune picker.

The Commission found: “The deceased was found drowned in a two-foot pool of water on the premises of the employer . . . and on autopsy examination it was discovered that he also had had a beginning pneumonia. The drowning of deceased was not due to injury arising out of his employment with said employers. ’ ’ In this opinion no weight is given to the finding that Mello “had a beginning pneumonia.” The only question for determination is whether' there is sufficient evidence to support the finding that the drowning “was not due to injury arising out of his employment.” The evidence bearing upon this question is meager. The record contains a map of the premises, apparently conceded to be drawn according to a scale, but the scale is not given. The following is a copy of such parts of the map as are material to the question under discussion (see page 235) :

The places and objects…