Coombs

The only questions raised in support of the allegations of the petition for a writ of review herein are questions that involve the sufficiency of the evidence to sustain the findings. We cannot, of course, consider the affidavits in re the stipulation made at the hearing before the referee, as the record of this matter before us cannot be so made up or so changed.

The evidence of the claimant was that he was not injured in a ball game as several witnesses have stated that he had told them. He denied having ever stated this. He further testified that he first noticed the injury to his knee but a few days before he quit work; that it was a gradual swelling, not the result of a sudden injury but rather the effect of kneeling and putting more weight on the injured knee than on the other, necessarily caused, he stated, by the position he had to assume in the process of finishing cement work, which was the work which he was employed by the employer to do. This constituted a compensable injury. (Subd. 4 of section 3 of the Workmen’s Compensation, Insurance and Safety Act of 1917, as amended, Stats. 1919, p. 911; Deering’s Gen. Laws, 1923 ed., Act 4749.)

In Walker v. Industrial Acc.…