161 P. 1142 | Cal. | 1916
Lead Opinion
This is a proceeding to review an award against petitioner made by the Industrial Accident Commission to Bertha S. Smith, widow of Austin A. Smith, on account of the death of the latter by reason of accident arising out of and happening in the course of his employment by petitioner.
The admitted facts of this case are such as to present the same question that is decided in Southern Pacific Co. v.Industrial Accident Commission (S. F. No. 7818), ante, p. 8, [
There is no material distinction between the cases.
The award of the accident commission is annulled.
Sloss, J., Shaw, J., Lorigan, J., Henshaw, J., and Melvin, J., concurred.
Dissenting Opinion
I dissent.
It is conceded in the petition in this case that "It was not shown at the hearing before the said commission that the train which struck deceased was actually then carrying interstate freight, passengers, express, mail or baggage." Nor is it shown when the next interstate train going in either direction would pass the point where the collision occurred. Upon the conclusions reached in my dissent in Southern Pacific Co. v.Industrial Accident Commission (S. F. No. 7818), ante, p. 8, [