223 P. 462 | Cal. | 1924
Plaintiff brought this action to secure an injunction perpetually restraining the Industrial Accident Commission of the state of California and William T. Soley from enforcing an award made by the commission to Soley for injuries alleged to have been sustained by the latter in *139 the course of his employment by this plaintiff. The action was dismissed as to the commission. The demurrer of defendant Soley to the first amended complaint was sustained without leave to amend, and from the judgment that plaintiff take nothing by its action, it has appealed.
[1] From the allegations of the complaint it appears that plaintiff was engaged in the business of transporting freight and passengers in interstate commerce between various points on the Pacific coast in the state of California and the states of Oregon and Washington. While so engaged it owned and operated the ocean-going steamer "Breakwater." On a day in June, 1916, while the "Breakwater" was lying in navigable waters of the United States, in the harbor of San Diego, loading a cargo, and at said time actually engaged in interstate commerce, defendant William T. Soley, employed on the vessel as a stevedore, sustained severe injuries by falling down a hatchway. In due course Soley filed an application for compensation for his injuries with the Industrial Accident Commission of the state of California. Throughout the proceedings which followed, plaintiff protested against any award being made. It denied the jurisdiction of the commission to entertain the application and alleged that the accident causing the injury arose out of and in connection with, and was exclusively within, the admiralty and maritime jurisdiction of the United States courts. Notwithstanding the objection of the plaintiff, and over its protest, the commission made, entered, and filed its findings in favor of the applicant, and awarded him substantial compensation for his injuries. The order of the commission making said award is now in full force and effect. A certified copy of the findings and award of the commission has been filed with the clerk of the superior court, and it is alleged that Soley, unless restrained, will cause execution to be issued against the plaintiff for the amount of the award, or as much thereof as may be due and unpaid. Other allegations of the complaint are to the effect that the plaintiff has no plain, speedy, or adequate remedy at law. The prayer of the complaint is for an injunction restraining the defendant from seeking to enforce the award of the commission.
Under the facts alleged in the complaint the liability of plaintiff to Soley for the injuries sustained by him presented *140
a case arising under the general maritime law. Consequently the Industrial Accident Commission of the state of California was without jurisdiction in the matter. (Alaska Packers Assn. v.Industrial Acc. Com.,
Appellant frankly admits that the purpose of this appeal is, first, to urge this court to recede from the decision announced in Thaxter v. Finn, supra, and, second, to secure a decision of the United States supreme court on the question *142 involved if this court should decide to allow its former decision to stand. In order to lay the foundation for a writ of error to the federal court it advances the contention that as the award of the Industrial Accident Commission in this case was made without jurisdiction it will be a violation of the United States constitution to permit its enforcement, in that it will be depriving plaintiff of its property without due process of law, and of its right to settle a maritime dispute according to the law maritime. We have given due consideration to appellant's contentions and to the argument and briefs offered in its support. We are not convinced that the decision in Thaxter v. Finn was erroneous, and the judgment of the lower court is affirmed.
Myers, J., Lawlor, J., Lennon, J., Wilbur, C. J., Seawell, J., and Kerrigan, J., concurred.