Eby

Petitioners herein, being the wife and surviving children of one Roy T. Eby, were granted a writ of certiorari to enable this court to review the findings and award of the Industrial Accident Commission of California, made in the matter of a claim filed by them under the Compensation Act and arising out of the death of the said Roy T. Eby.

The facts as they appear from the record are undisputed, and may be summarized as follows: Roy T. Eby was employed by respondent J. L. Schimmer & Company as a night foreman, the Schimmer Company being engaged in cement work. Late in the afternoon of November 27, 1924, Eby, while driving from his home to his place of employment, in his own automobile used regularly for such purpose, met his death in a collision on the public highway. Previous to the accident—whether on that day or the previous day is not clear—Mr. Schimmer, his employer, had requested him to bring to the job certain small tools belonging to his employer and which were to be found at the employer’s garage.. After the accident two hammers and a wrecking bar about three feet in length were found in the automobile of the deceased. Schimmer, his employer was unable to identify these…