Federal Mutual Liability Insurance v. Industrial Accident Commission

This is a petition in certiorari to annul an award made by the Industrial Accident Commission in favor of Gus Farsais and against the petitioner, who was the insurance carrier for the San Joaquin Packing Company, the employer of said Farsais.

At the time of the injury Farsais was working for the Packing Company, engaged in sweeping the floor of a part of the premises where other employees were putting grapes into a machine as a part of their duty. While Farsais was at work an employee threw some grapes at another employee, and, his aim being bad, he missed the other person and one of the grapes hit Farsais in the eye, thereby causing his injury. Upon the evidence the commission made a finding that the injury occurred “in the course of and arising out of his employment, as follows: One employee threw some grapes at another employee and one of the grapes struck the de fondant Gus Farsais in the left eye, resulting in the permanent disability hereinafter described. ’ ’

There was nothing in the nature of the employment in which any workmen present were engaged which required any of them to throw grapes at another. The act was éither a playful or a malicious act of one employee…