Western Pacific Railroad v. Industrial Accident Commission

Certiorari to review and annul an award of five thousand dollars to the wife and two minor children of Howard Johnson, deceased, an employee of the Western Pacific Railroad Company. The facts of the case upon which the award is rested succinctly stated are these:

Howard Johnson, employed as collector and messenger by the Western Pacific Railroad Company, petitioner herein, was, on the twenty-first day of December, 1921, while riding on an unlighted bicycle from his home to the place of his employment, struck by an automobile and fatally injured. Two days later he died. About 5 o’clock on the day of the accident the deceased left the office of the petitioner on a bicycle to take a bill of lading for signing to the firm of Morgan & Miller located on the waterfront of the city of Stockton. When the deceased left the office the weather was threatening and one-half hour later before he could return to the office a heavy rainstorm broke. Instead of returning directly to the office, which was six blocks away, the deceased went out of his way four blocks to his home, where he procured his raincoat. On his way to his home he purchased some meat which he took home to his wife and as he was…