Moise v. Owens

The sole question for decision is whether the Industrial Accident Commission has exclusive jurisdiction of an action on account of injuries arising out of the negligence of the employer while the employee was engaged in the course of his employment.

Appellant in pursuit of his business as a cement contractor had respondent and other workmen engaged on the premises of a patron in carrying sacks of cement from a pile in front of appellant’s truck which was parked with its front bumper about 4 feet from the driveway curb to a pile 10 feet away. Before attempting to drive the truck out appellant…