Jenks

THE COURT. Theodore R. Jenks in his lifetime was employed by respondent Carey as an insurance salesman. He received a salary and commission. On Sunday, August 21, 1932, between 5 and 6 o'clock A.M., while at his home he received a telephone call from A.L. Dutra, who stated that he had met with an automobile accident and requested decedent to come to his assistance. Decedent agreed and drove his automobile to the scene of the accident. Upon his arrival he volunteered to take Dutra to the hospital. While proceeding to do so another accident happened, as the result of which decedent was injured and subsequently died. Decedent and Dutra were friends, and the latter carried insurance which had been solicited by decedent and written by companies represented by respondent Carey. Petitioner claimed that the injury arose out of and in the course of the decedent's employment. The commission found against her and denied an award. A petition for rehearing was denied, following which the present proceeding in certiorari was commenced. The petitioner contends that the commission's findings are not supported by the evidence. Respondent testified that while his office was closed on Sundays,…