Continental Casualty Co. v. Industrial Accident Commission

Good Law
1920 Cal. App. LEXIS 571·47 Cal. App. 387·190 P. 849
Court of Appeal of CaliforniaMay 6, 1920Civ. No. 3251.California910 words

Opinion

lead Opinion

Shaw, J.

In this proceeding upon a writ of review we are asked to annul an award of compensation made by the Industrial Accident Commission to Grey M. Skidmore for injuries alleged to have been sustained while employed as sales manager by the Golden State Portland Cement Company, of which company petitioner was the insurer.

[1] Petitioner attacks the award upon the ground that the evidence is insufficient to sustain the finding of the commission that the injury to Skidmore as such employee arose out of and in the course of his employment.

In September, 1918, Skidmore, accompanied by his family, went from his home in Los Angeles County to a mountain ranch of a relative in northern California, located some five miles from a railway station and postoffice, known as Island Mountain, to spend a week or more.in hunting, horseback riding and like diversion, as a vacation. He arrived at the ranch on September 25th, and on the two following days, free from any duties to his employer, engaged with marked success in hunting deer and other game abounding in the vicinity. On September 26th he received a letter from his employer, dated September 23d, pertaining to a request made by a customer for an…

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