Standard Lumber Co. v. Industrial Accident Commission

The proceeding is to review an award made hy the Industrial Accident Commission to respondent, Thomas Truman, on account of injuries alleged to have been suffered by him while acting as the employee of the petitioner, Standard Lumber Company. Our consideration is limited to the determination of the question as to whether there was evidence to support the jurisdiction of the commission to make the award—whether at the time Truman was injured he was an employee, working in the course of his employment. The word “respondent” when used herein will refer particularly to the respondent Truman.

The respondent was injured during the running away of a push-car belonging to the petitioner. The push-car had been placed on a railroad track at a place where petitioner was having work done upon its railroad. The car ran away on a trip over the portion of the railroad track between the place of work and a central camp or headquarters, maintained by petitioner. No one testified directly as to exactly how the respondent suffered injury. The respondent could not recall what occurred immediately before he was hurt, and he was unconscious for forty hours after the accident.

Petitioner’s points are…