Smith v. Indus. Accident Comm'n of Cal.

Proceedings in certiorari to review the findings and determination of the state industrial accident commission whereby petitioner, who applied for compensation against the Southern Pacific Company under the provisions of the Workmen’s Compensation Act of California, was denied relief and his application dismissed.

Petitioner was a special officer or watchman employed by the Southern Pacific Company at its railroad yards in Colton, California. On the night of January 13, 1914, a through passenger train running from New Orleans to San Francisco, and carrying passengers, baggage, and express from points without the state destined for points within California, came into the yards. Acting within the line of his duty, petitioner boarded the tender of the locomotive attached to the train, as it got under way again, for the purpose of preventing trespassers from getting on the cars. As the train moved out three men attempted to board the “blind baggage,” that being the car nearest the engine and having no door leading from the platform to the interior of the train. Petitioner shouted at the men and they jumped from the platform and petitioner left the engine tender and alighted on the…