Donlon Bros. v. Indus. Accident Comm'n of Cal.

Review of an award of the Industrial Accident Commission. The admitted facts disclose that petitioners, Donlon Brothers, a copartnership, contracted with K. Kataoka, agreeing to pay him $4.50 a cord for firewood which he was to cut from a row of eucalyptus trees growing on the tract of land owned by the Donlon Brothers. Kataoka, a Japanese, contemplated having the contract performed by Japanese labor. Unable to procure it, he contracted with Angel Garcia for the doing of the same work, agreeing to pay Angel Garcia at the rate of $4.25 a cord. Thereafter Angel Garcia in turn contracted with Lachuga to pay him $4 a cord for the doing of the same work. Lachuga entered into the performance of this contract, and employed one Antonio Hernandez to assist him, with the understanding that they were to divide the $4 per cord received. Lachuga furnished his own tools and implements and labored at his pleasure. He was not under the authority or direction of the petitioner, nor was Garcia, who employed him. While Lachuga and Hernandez were so working together Lachuga was killed by a falling tree. The opinion of the majority of the commission, upon which the award is based, is as follows:

“The…