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Burton v. Union Oil Co.

W. H. BURTON, Appellant, v. UNION OIL COMPANY OF CALIFORNIA (A Corporation), Respondent

Burton v. Union Oil Co., 19 P.2d 9 (Cal. Ct. App. 1933)
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Court
California Court of Appeal · State Appellate Courts
Decided
February 3, 1933
Docket
No. 7306.
Judges
Works
Citations
19 P.2d 9129 Cal. App. 438
Cited by 6

Opinion of the Court — Works

WORKS, P. J.

This is an action for damages for personal injuries. Demurrer to the complaint was sustained without leave to amend and judgment accordingly went for defendant. Plaintiff appeals.

The complainant alleged, in effect, that appellant was an employee of respondent, charged with the duty of operating an emery-wheel for the purpose of sharpening tools; that while appellant was engaged in the performance of this duty the revolving wheel, then being defective and unsafe, “flew into pieces and parts”, the pieces striking appellant in the face and inflicting certain specified injuries, whereby appellant was damaged in a specified amount. The demurrer was interposed upon the ground, among others, that the court had no jurisdiction of the subject matter of the action. It was properly sustained without leave to amend. It is well settled that pursuant *439 to the terms of the Workmen’s Compensation Act the Industrial Accident Commission has exclusive jurisdiction of such claims as that presented by the complaint. It is plain that appellant, an employee, was injured as the result of an accident arising out of and in the course of his employment.

Judgment affirmed.

Craig, J., and Stephens, J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1936: 11940: 11949: 11950: 11953: 11968: 119362026peak 1936 · 1

Relies on it most ⓘ

  1. Buttner v. American Bell Telephone Co.107 P.2d 439 (Cal. Ct. App. 1940)
  2. Coleman v. Silverberg Plumbing Co.263 Cal. App. 2d 74 (1968)
  3. Fox v. Swartz36 N.W.2d 708 (Minn. 1949)
  4. Sasser v. Miles & Sons Trucking Service259 P.2d 488 (Cal. Ct. App. 1953)
  5. Tipton v. Atchison, Topeka & Santa Fe Railway Co.298 U.S. 141 (1936)
  6. Walker v. City & County of San Francisco219 P.2d 487 (Cal. Ct. App. 1950)

Most recent

  1. Coleman v. Silverberg Plumbing Co.263 Cal. App. 2d 74 (1968)
  2. Sasser v. Miles & Sons Trucking Service259 P.2d 488 (Cal. Ct. App. 1953)
  3. Walker v. City & County of San Francisco219 P.2d 487 (Cal. Ct. App. 1950)
  4. Fox v. Swartz36 N.W.2d 708 (Minn. 1949)
  5. Buttner v. American Bell Telephone Co.107 P.2d 439 (Cal. Ct. App. 1940)
  6. Tipton v. Atchison, Topeka & Santa Fe Railway Co.298 U.S. 141 (1936)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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