Payne

A proceeding in certiorari to review an award made by the Industrial Accident Commission to respondent J. A. McCullough.

The petitioner was the proprietor of a barber-shop in the city of Stockton, and respondent McCullough at the time of the injury for which he sought compensation was conducting a bootblack-stand on the premises occupied by petitioner. Respondent paid no rental for the privilege of conducting the stand, but in lieu thereof rendered services to petitioner as a porter in the latter’s shop. It appears from the testimony that it was respondent’s duty to sweep the shop in the morning and evening and on Sundays in addition to the sweeping to clean the mirrors and other articles therein. Respondent on Sunday, June 13, 1926, while engaged in removing certain linoleum from the floor of the shop received an injury which resulted in a partial loss of his sight. The Commission found that respondent was in the employ of petitioner, that the injury occurred in the course and arose out of the employment, and awarded compensation. Petitioner contends that the evidence does not support the findings and that consequently the action of the Commission was without and in excess of…