Daugherty v. Indus. Accident Comm'n

Good Law
1934 Cal. LEXIS 604·220 Cal. 767·32 P.2d 959
Supreme Court of CaliforniaMay 17, 1934L. A. No. 14641California984 words

Opinion

Lead Opinion

Shenk, J.

This is a proceeding to review an order of the respondent commission denying disability indemnity and *768 a death benefit to the petitioners as surviving widow and daughter of Charles H. Daugherty, deceased.

Daugherty was employed as a helper at an oil-well plant in Long Beach. On August 24, 1931, in the course of his employment, he was descending a stairway when within a step or two from the bottom he was seen by a workman on an adjoining property, Hawley by name, to stumble and fall backward. He did not arise quickly so Hawley went to him. When he got to his side Daugherty was standing. Hawley took him by the arm, helped him to walk a short distance, when he sat down on a bench. Daugherty seemed dazed but said he thought he was all right, whereupon Hawley departed to resume his own work and did not see the deceased again. No wound or other traumatic conditions were observed by Hawley except that one of Daugherty’s fingers was bleeding. Apparently Daugherty was a night workman, for the accident occurred at 7 o’clock in the morning, and his wife testified that he came home about 7 that morning and that this was his usual time of arrival.

On arriving at his home he went to bed…

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