McKinney

William C. McKinney, the husband of petitioner, was on March 26, 1932, in the employ of respondent Southern Pacific Company as an electrician, his duties being to inspect and repair the electrical equipment of locomotives in respondent’s round-house. On that date, while in the round-house on his way to work and before he had reached the place therein where he customarily performed his duties, he fell into a pit and sustained injuries which caused his death.

Respondent commission found that the injury arose out of and occurred in the course of the employment, but denied an award on the ground that the work in which decedent was engaged or in which he was about to engage was work in interstate commerce, or so closely related thereto as to be a part thereof, and that consequently the commission had no jurisdiction of the claim. The petition was accordingly dismissed, and this proceeding was brought to annul the order of dismissal.

Employees of respondent company testified that decedent but for his injuries, would have done work on locomotives which had been assigned to interstate commerce as well as on others assigned to intrastate service; also that it was the practice of…