Boggess

The Industrial Accident Commission made an award in favor of Jack Fenner to compensate him for injuries which he suffered from an accident which he claims arose out of his employment and happened in the course thereof. The petitioners ask that the said award be annulled, on the ground that the finding of the commission that the accident happened in the course of employment and arose out of it is not sustained by any evidence.

Fenner was a miner employed to work as such in a quicksilver mine owned by Boggess known as the Abbott Mine, situated near Wilbur Springs, some thirty miles from the town of Williams, on the Southern Pacific railroad. A few days before the accident he was given leave of absence to go to Sacramento on his own affairs, and he was to return and resume work when his business was concluded. After transacting his business there he returned to Williams, intending to take the stage from Williams to Wilbur Springs. At Williams he met Luther Johnson, who was the bookkeeper for Boggess, and who acted as superintendent of the mine in the absence of Boggess. Johnson had come to Williams with two auto trucks for the purpose of taking goods therein from Williams to the…