California Highway Commission v. Industrial Accident Commission

This matter is before us upon a writ to review an award of the Industrial Accident Commission against petitioner, allowing to Harry Maloney $248.70, accrued compensation and $18.52 weekly until termination of disability, together with reasonable medical expenses, the amount to be determined later by said commission.

The one question presented is whether or not the finding of the commission that applicant sustained his injuries “in the course of and arising out of his employment” is sustained by the evidence in the record.

The facts are practically undisputed and are, broadly, as follows: On January 29, 1922, which was Sunday, the applicant, Harry Maloney, was in the employ of the defendant as a rock-drill operator. He was engaged, with other employees of the petitioner, in working upon the highway between Jacumba and Mountain Springs, in the state of California, at a point on the road about one and one-half or two miles from Mountain Springs. The applicant and some of the other employees lived at Mountain Springs, where the petitioner supplied them with tents, but not with beds nor blankets, and sold them their meals if they desired to purchase them. Applicant’s contract of…