Frigidaire Corp. v. Industrial Accident Commission

While standing on the open platform of the railroad station at Reno, Nevada, awaiting the arrival of a train which he was about to board for San Francisco, Elmer Melke was struck and mortally wounded by a stray bullet fired by a police officer at a suspected criminal whom the officer was pursuing along the public street adjacent to the railroad station; and on account of Melke’s death his widow and son were awarded compensation by the Industrial Accident Commission. Thereafter his employer Frigidaire Corporation and its insurance carrier Royal Indemnity Company instituted this proceeding in certiorari to have the award annulled upon the ground that the injury which resulted in Melke’s death did not arise out of his employment.

The deceased was employed by said corporation as zone manager for Northern California and Nevada, his duties consisting in planning, supervising and inspecting the installation of refrigerator plants within his district. His headquarters were in San Francisco and he lived in Berkeley. Having finished his labors in Reno he proceeded to the railroad station intending to board the San Francisco train leaving there at 9 o’clock in the evening; and as he stood…