San Diego & Arizona Railway Co. v. Industrial Accident Commission

Del Rote, while employed by the petitioner here, was shot by a fellow-employee. The respondent Commission found that the injury, which resulted in Rote’s death, occurred in the course of and arose out of his employment. It also found that the employee left surviving him, and wholly dependent, his wife, Mary Rote, to whom it awarded a death benefit in the sum of four thousand nine hundred dollars, together with the usual allowance of one hundred dollars for funeral expenses. This is a proceeding to annul the award.

It is the contention of the petitioner that Rote was not acting in the course of…