Krobitzsch

Certiorari to review the proceedings of the Industrial Accident Commission in awarding a death benefit in the sum of $2,807 and one hundred dollars for funeral expenses to the widow and children of Charles Edward Starkey, deceased, and against the petitioner.

The commission found: “That Charles E'dward Starkey, hereinafter called the employee, was injured on the 8th day hf October, 1918, in Santa Cruz County, California, while in the employment of defendant, R. W. Krobitzsch, hereinafter called the employer, as an employee on the 1 Santa Cruz Trout Farm’ at Olympia, in said county, and that said injury proximately caused the death of the employee on the said day.

“2. That said injury arose out of and in the course of such employment, was proximately caused thereby and occurred while the employee was performing service growing out of and incidental to the same, and happened in the following manner: While engaged in clearing weeds, brush, ferns and other natural growth from the neighborhood of the flump, on said ‘Santa Cruz Farm’ and carting it away in a small wagon for the purpose of burning same, a part of the load on said wagon slipped off, carrying the em ployee with it, and…