Summary
holding that the adjudication statutes and the doctrine of prior appropriation govern terminating a water right by prescription
Summary of this case from Archuleta v. GomezOpinion
L. A. No. 5997.
January 7, 1919.
APPLICATION for a Writ of Certiorari to review an order and award of the Industrial Accident Commission. Denied.
The workmen's compensation policy involved herein contained a warranty provision, designated "Item 14," that "No person is or will be employed by the assured in violation of law as to age," and also a provision entitled "Condition M," that "The assured, by the acceptance of this policy, declares the statements in items numbered 1 to 17, inclusive, in said declaration to be true, except such as are declared to be matters of estimate only; and this policy is issued in consideration thereof and the provisions of the policy as respects its premium and the payment of such premium; provided, however, that nothing in this condition and no default on the part of the assured with respect to any of the provisions or conditions of this policy, shall in any way affect the right of any employee, or his dependents, to recover from the company the compensation provided for by law and intended to be insured hereunder."
Upon the application of a minor, who had been employed contrary to law as to age, for compensation, for injuries received in the course of his employment, the commission held "That, by virtue of the provisions of said condition 'M,' said policy of insurance covered the injury," and that the employer was therefore entitled to be relieved from liability for said injury and to be dismissed from the proceeding.
Robert P. Jennings for Petitioner.
Chris. M. Bradley for Respondents.
We are of the opinion that the Industrial Accident Commission correctly construed the policy in this matter and that its decision is correct.
The application is denied.
Angellotti, C. J., Sloss, J., Melvin, J., Lawlor, J., and Lennon, J., concurred.