Klebe

Klebe v. Industrial Accident Commission

Good Law
1928 Cal. App. LEXIS 392·93 Cal. App. 324·269 P. 720
Court of Appeal of CaliforniaJuly 27, 1928Docket No. 6029.California1,170 words

Opinion

Lead Opinion

Craig, J.

Respondent St. Clair was injured while starting an automobile in his vocation of delivering ice at Huntington Park * in Los Angeles County. He made application to the respondent Commission for compensation as against J. G. Knox and George Klebe, and after a hearing was awarded certain sums of money in cash and in weekly payments until the termination of disability, besides a hospital charge and that of his physician. This is an application of Klebe for review of such award. There is no dispute as to the correctness of the amounts allowed, but the petitioner contends that the applicant was not his employee at the time of the accident.

From the testimony of Knox and Klebe it appears that some three or four years previously to March 28, 1927, one Guthrie agreed in writing with the Central Ice & Cold Storage Company to purchase ice from it and to distribute ice with his own conveyances and at his own expense to all residents throughout the Huntington Park district. The text of the contract is not before us, but the only conditions imposed by the company and which are material to the instant proceeding apparently were that Guthrie should buy the company’s commodity and satisfactorily…

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