Royal Indemnity Co. v. Industrial Accident Commission
Opinion
Lead Opinion
Barnard, J.
This is a petition for certiorari, seeking to annul an award of the Industrial Accident Commission in favor of D. R. Murray and against Royal Indemnity Company, a corporation, as the insurance carrier for one M. Brauer. «
After a hearing and a rehearing, the Industrial Accident Commission found that the said Murray was an employee of the said Brauer and had sustained the injury complained of in the course of his employment. Briefly stated, the facts are as follows: Brauer was operating a real estate office in the city of San Diego and advertised for salesmen. Murray answered the advertisement and entered Brauer’s office under some arrangement, the exact nature of which is here in controversy. A short time later Murray inserted an advertisement in a newspaper to the effect that he had a client who desired to purchase a small piece of land. In response to this advertisement a man named Bean phoned the office and asked for Murray. Brauer took his name and address and later Murray called him on the phone, and arranged to go with him to inspect a parcel of land which Bean desired to sell. Just before they arrived at the land Murray observed some avocado trees on an adjoining property.…