Globe Indemnity Co. v. Industrial Accident Commission

BEASLY, J.,

pro

tem.

This application for a writ of

certiorari

to review an award of the Industrial Accident Commission against the petitioner is denied upon the following considerations:

The applicant for compensation, Roberts, was a bookkeeper amd clerk of one C. H. Kobicke at the time the accident happened. Among his duties was to write letters for his employer and to take these letters to the nearest mail box, which was at the corner of Valencia and another street, in doing which it was necessary for him to cross Valencia Street, and this he did in performing this duty perhaps once each working day of the month. On the day of the accident he took two letters to the mail-box for the purpose of posting them. The letters were written for his employer in the course of his duty. He crossed the street, posted the letters, and while on his way back recrpssing Valencia Street was struck by an automobile driven by one E. S. Kimberly, Jr., who was in no way connected with any of the parties to this proceeding. When struck, Roberts was between the sidewalk and the street-car track which runs up the middle of the street. There is no testimony 'showing or tending to show that the. point where the accident occurred was any different or moré dangerous than any other section of Valencia Street or any other street in San Francisco. He was not loitering along the street; was not diverging in the least from his duty, and was strictly in the course of his employment when this accident happened.

It is conceded, by petitioner that Roberts was so in the course of his employment at the time he sustained the injury, but it contends that this injury did not arise out of the employment.

We take the opposite view, and hold that it did arise out of his employment.

The general rule is laid down very clearly in

Kimbol

v.

Industrial Accident Commission,

173 Cal. 351, [Ann. Gas.

[282]