Enterprise Foundry Co. v. Industrial Accident Commission

SHENK, J., Dissenting.—

I dissent. The majority opinion properly concedes that the gunshot wound which resulted in the death of the deceased employee, Goytan, arose out of the employment. But the going and coming rule is applied and it is held that the injury was not received by the decedent while “performing . . . service incidental to” the employment and that he was not “acting within the course of his employment,” as contemplated by the Workmen’s Compensation Act. This holding is contrary to the finding of the Industrial Accident Commission and, in my opinion, is based upon the erroneous…