Bryden

Petitioner was an employee of respondent Pan-American Petroleum Company and suffered certain injuries during the period of his employment. Because of these injuries he presented to respondent Industrial Accident Commission his application for compensation under the provisions of the Workmen’s Compensation, Insurance and Safety Act (Stats. 1917, p. 831). After due hearing the commission made its order or award that petitioner take nothing by reason of his claim. Petitioner applied for a rehearing before the commission, and, his application being denied, he filed his petition in this court for a writ of review. The writ issued and to it respondents have made return.

The facts upon which our inquiry is to be based, taking them from the testimony of petitioner himself, are as follows: Respondent Petroleum Company operated a certain property, consisting of several pumping plants, for the production of oil. Petitioner was employed at one of the pumping plants, his rating or position being that of fireman. He was in charge of this particular pumping plant during one shift in each twenty-four hours, his period of duty being from 4 P. M. to 12 midnight. Other men had charge of the plant…