Clapp's Parking Station v. Industrial Accident Commission

This is a proceeding in certiorari to review an award of the Industrial Accident Commission allowing a death benefit to the widow of Silas M. Friend, deceased.

The petitioner for the writ, Frederick A. Clapp, doing business in the city of Los Angeles under the name of “Clapp’s Parking Station,” employed Friend as a carpenter to do various kinds of work about his automobile parking ground. For several days prior to the accident, Friend had been engaged in constructing a fence for Clapp around the latter’s -parking ground. On July 3, 1919, at about 11 o’clock A. M., Friend left his work of fence-building, and shortly thereafter, while crossing Los Angeles Street, was run down by an automobile and received injuries that were the proximate cause of his death.

It is contended by petitioner that there was no evidence before the commission sufficient to justify its finding that the injuries that resulted in Friend’s death arose out of and in the course of his employment. This contention, we think, must be sustained.

It seems that the award was based upon, the theory that, at the time of the accident, Friend was on an errand for his employer, that is, that he was on his way to or was.…