Eby v. Industrial Accident Commission

HAHN, J., pro tem.

Petitioners herein, being the wife and surviving children of one Roy T. Eby, were granted a writ of certiorari to enable this court to review the findings and award of the Industrial Accident Commission of California, made in the matter of a claim filed by them under the Compensation Act and arising out of the death of the said Roy T. Eby.

The facts as they appear from the record are undisputed, and may be summarized as follows: Roy T. Eby was employed by respondent J. L. Schimmer & Company as a night foreman, the Schimmer Company being engaged in cement work. Late in the…