Easton

This is an action brought b"y petitioner for a review of an award made by the defendant in favor of one A. C. Sohn, as an employee of petitioner. In his application for adjustment of his claim, said Sohn alleged that he received the injury complained of on December 1, 1916, while in the service of said petitioner, and while engaged in driving a wagon for the purpose of delivering bread on behalf of petitioner in the city of Stockton, California. It is alleged in the application that the accident from which the injury complained of arose, occurred in front of petitioner’s bakery-shop while said applicant Sohn was engaged in unloading a bakery wagon; that there being no step on the wagon, he was obliged to use the hub of the wheel in order to get on and off; that in thus using the wheel for a step, his foot slipped and he received a broken knee-cap. He was asked to explain how the injury happened, and if he had stepped up on the hub with the right foot, and he answered: “With the left foot, and when that slipped off, it threw the weight on my right one and it simply bent the knee back and broke the knee-cap. Q. Were you getting on the wagon or off the wagon? A. I was getting off the…