M. C. Threlkeld Commissary v. Industrial Accident Commission

— Petitioners seek by this proceeding in certiorari to have annulled an award made by the Industrial Accident Commission in favor of respondent Ong Thin Lem, known also and referred to in the record as Kee Ong, who suffered injuries on May 29, 1926, which resulted in the amputation of his right arm at the shoulder.

The Industrial Accident Commission found that the injury occurred in the course of and arose out of Kee Ong’s employment (see. 6 (a), Workmen’s Compensation Act [Stats'. 1923, p. 375]), and the question presented by this proceeding is whether such finding is supported by substantial evidence. Petitioners contend that it is not, claiming that Kee Ong was injured while on a personal errand for the benefit of himself and another employee.

The record discloses the following facts: The injured man had been employed for about six months as assistant cook on a commissary car located on a siding at a construction camp named Norden on the lines of the Southern Pacific Company, which car was being operated by M. C. Threlkeld Commissary, a copartnership-, as a “short-order” boarding-house for the accommodation of the men employed by said railroad company in its maintenance of…