Owl Drug Co. v. Industrial Accident Commission

The petitioner is a Nevada corporation conducting a mercantile drug business in this state under the authority of our statutes. On the twenty-fifth day of October, *Page 304 1923, one Johnson Black, an employee of petitioner, was killed by one of its trucks at Sixth and Main Streets, in the city of Los Angeles. The respondent Lucinda Black thereafter instituted proceedings before said Commission as an alleged dependent of Johnson Black for compensation, and after hearing the evidence she was allowed the sum of $640, $100 of which was awarded on account of funeral expenses. Petitioner applied for a rehearing before said Commission upon the ground that the latter acted in excess of its authority in granting to said dependent more than the sum of $100, which rehearing was denied, and a petition or writ of certiorari for review of the proceedings before the respondent Commission having been filed in this court, an alternative writ issued. The basis of petitioner's complaint is that the evidence does not justify any finding that Lucinda Black was entitled to more than the sum of $100. It was alleged in the petition for adjustment of claim filed with the respondent Commission that…

Upon petition for rehearing it is contended that in the opinion of the court (ante, p. 303 [ 234 Pac. 921 ]) there are certain inaccuracies in the statement of fact. If, for the sake of argument, it be conceded that this contention is correct, the conclusion reached by us would not thereby be affected.

The petition is denied.

The petitioner is a Nevada corporation conducting a mercantile drug business in this state under the authority of our statutes. On the twenty-fifth day of Qe *304 tober, 1923, one Johnson Black, an employee of petitioner, was killed by one of its trucks at Sixth and Main Streets, in the city of Los Angeles. The respondent Lucinda Black thereafter instituted proceedings before said Commission as an alleged dependent of Johnson Black for compensation, and after hearing the evidence she was allowed the sum of $640, $100 of which was awarded on account of funeral expenses. Petitioner applied for a rehearing before said Commission upon the ground that the latter acted in excess of its authority in granting to said dependent more than the sum of $100, which rehearing was denied, and a petition or writ of certiorari for review of the proceedings before the respondent Commission having been filed in this court, an alternative writ issued.

The basis of petitioner’s complaint is that the evidence does not justify any finding that Lucinda Black was entitled to more than the sum of $100.

It was alleged in the petition for adjustment of claim filed with the respondent Commission that Johnson…