Payne

Payne v. Industrial Accident Commission

Good Law
1920 Cal. App. LEXIS 68·50 Cal. App. 161·195 P. 81
Court of Appeal of CaliforniaNovember 26, 1920Civ. No. 3296.California3,444 words

Opinion

Lead Opinion

Weller, J.

This proceeding was brought to review the action of the Industrial Accident Commission of California in awarding compensation to one O. J. Burton for injuries sustained by him. in the line of his employment under Walker D. Hines, director-general of railroads, operating the Los Angeles and Salt Lake railroad.

:On February 1, 1919, when he received the injury, Burton was engaged in repairing engine No. 3673 in the general shops of the Salt Lake railroad at Los Angeles. While tapping the boiler of the engine a piece of steel, blown from the exhaust of a compressed-air motor operated by men working near him, lodged in his left eye, causing the injury for which he was awarded compensation. This locomotive had been used several months for the exclusive purpose of hauling heavy freight trains in interstate commerce between points in the states of Nevada and California, on the main line of the railroad. On the 19tli of -December, 1918, it was placed in the shops at Los Angeles for general overhauling and the installation of a superheating apparatus to increase the steam pressure, whereupon it was the intention to return it to its regular service. It was estimated that this work would be…

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