National Automobile Insurance v. Industrial Accident Commission

This proceeding was instituted for the purpose of setting aside an award of the Industrial Accident Commission in favor of one T. Ashida and against the petitioner herein, the National Automobile Insurance Company, the insurance carrier to the employer of T. Ashida. The employer of T. Ashida was S. Murata, doing business under the name of S. Murata & Co. Murata’s business was that of wholesale florist, which was carried on at 767-69 South Wall Street in the city of Los Angeles. On the day of Ashida’s injury, he was to report to his employer’s place of business at 3 A. M. His business was to purchase flowers for his employer. He had been told by his employer on the previous day not to purchase any flowers on this particular morning until he met his employer, and to wait at the store until Murata arrived. On this morning, Ashida on his way to work was passed by Murata in the latter’s car driving southerly and in the same direction in which Ashida was walking. Murata evidently did not see Ashida as he passed him and continued on his way toward the store without speaking to Ashida, or giving any indication that he saw him. When Ashida reached the place of business of his employer,…