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SUTTER BUTTE CANAL CO. v. IND. ACC. COM.

Docket No. Sac. 6308.

40 Cal.2d 139 (1953)

251 P.2d 975

SUTTER BUTTE CANAL COMPANY (a Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and MARY BAGGETT et al., Respondents.

Supreme Court of California. In Bank.

January 6, 1953.

Attorney(s) appearing for the Case

Millington & Millington and Seth Millington for Petitioner.

Edmund J. Thomas, Jr., Robert Ball, T. Groezinger and Leonard M. Levy for Respondents.

SCHAUER, J.

Petitioner-employer, a corporation, seeks annulment of an award of increased benefits based upon a finding of respondent Industrial Accident Commission that the death of one of petitioner's employes was caused by the employer's serious and wilful misconduct. (See Lab. Code, § 4553.) We have concluded that the award cannot be sustained, in that the evidence is insufficient to establish the minimum elements...

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