Callahan

Application for writ of certiorari. The petition shows that one Thomas Callahan, husband and stepfather respectively of the two applicants herein, died from injuries alleged to have been received while employed by respondent E. L. Younger. The employer’s insurance carrier was State Compensation Insurance Fund and both employer and employee were subject to the provisions of the Workmen’s Compensation Act (Stats. 1913, p. 279). An application was filed with the Industrial Accident Commission for benefits under the Compensation Act and after hearing it was determined, upon conflicting evidence, that the injury complained of occurred in the course of and arose out of the employment of the deceased and an award was made in a total sum of $4,151.40. The employer was relieved from liability. The insurance carrier, State Compensation Insurance Fund, petitioned for a rehearing. The application was granted on February 16, 1927. On November 2, 1927, the Commission changed its prior award for a death benefit to an award denying such benefit. The case upon both hearings was tried upon two issues of fact (1) Whether deceased suffered an injury arising out of and in the course of his employment;…