Gabel

This is a writ of review to annul an award made by the Industrial Accident Commission against petitioner Gabel for injuries sustained by respondent Bach while fighting a grass fire on petitioner’s premises under his direction and alleged employment.

The petitioner Gabel and the respondent Bach were farmers, friends, and neighbors, who owned and operated adjoining stock ranches in the vicinity of Oakdale, California. For fifteen years they were partners in a farming enterprise. Some three or four years prior to the accident they dissolved partnership, but retained a specific agreement continuing on down through the years to the time of the accident, to exchange farm labor, serving each other in this capacity upon request and whenever required. There was no monetary compensation for services, but it was mutually agreed that they would equalize their service as nearly as possible, the assistance of one balancing the services of the other. The nature of this exchange work included everything which arose in the operation of their respective farms, including the repairing of buildings and fences, caring for the stock, and general farm work. Each of these neighbors relied almost solely…