Lapinsky's Case

The question for decision in this case is whether the reviewing board erred in concluding that the *14employee’s death did not arise out of and in the course of his employment.

The facts may be summarized as follows: The employer is engaged in the business of manufacturing bituminous concrete. A portion of its plant consists of four large silos, arranged in line, the tops of which are about fifty feet from the ground. These silos, which are numbered 1, 2, 3, and 4, store materials used in the manufacture of concrete, silo 1 containing sand, and silos 2, 3, and 4 containing various sizes of stone.…