Roberts

Certiorari to review an award of the Industrial Accident Commission in favor of one B. F. Banks and against Mrs. Tesse Y. Roberts. The facts of the case as stated by respondents, and resolving all conflicts in favor of the commission’s findings, are: Banks, a saloon porter, employed in a saloon owned by a third party, frequently dropped into petitioner’s saloon for a few moments from time to time to visit and. loaf. On one of such occasions, May 25, 1919, it happened that the regular porter in petitioner’s saloon had been endeavoring without success to clean out a urinal which had become stopped up. Some discussion ensued, as a result of which Banks intimated that he would be able to clean it out. Banks’ testimony on this point is as follows: “I happened to go in there on this date, and he [Sparman] was on watch. He had relieved his bartender, and he called me and asked me if I would clean out the urinal in the back, and I asked him "What was the matter with the porter and he said—told me Jones wouldn’t do it. So I went back and seen what it was and come out and asked him for a hammer to take up a couple of boards that laid over the pipes, and .he handed me the hammer, and I seen…