Freiden

On November 12, 1921, Caldwell, one of the respondents herein, and the applicant before the Industrial Accident Commission, was engaged with two other men in unloading automobiles from a box-car in the city of San Diego. The automobiles were consigned to J. W. "Freiden, the defendant before the commission and one of the petitioners here, who was in the business of selling automobiles in said city. While unloading the car Caldwell suffered an injury, and it was to recover compensation for the period of his disability that the proceedings were inaugurated before the Industrial Accident Commission. At such hearing an award was made in his favor, which is the subject of the review here. The sole question presented is whether or not Caldwell was an employee of J. W. Freiden at the time of the injury.

It appears from the record that Howard Harper, a longshoreman, had for a period of approximately ten years previous to the date of the injury been engaged during the greater part of his time in unloading automobiles from cars for various dealers in San Diego. It was his custom to ascertain when shipments were due and had arrived, whereupon he would notify the dealers, and they would let…