Hoffman v. Rhoads Construction Co.

Opinion by

Keller, J.,

The claimant’s husband, Elisha Hoffman, died following a heated argument with his foreman, over the subject of his arriving late at his work. The argument lasted five or ten minutes and was accompanied by provocative epithets by the foreman and some gesticulations by Hoffman. At the conclusion of the argument Hoffman mounted his Toky’ engine, on which he was employed as engineer, ran it about 1,000 or 1,500 feet, stopped to take a drink of coffee and either dismounted or fell from the engine and died a few minutes thereafter. No assault was made upon him by the foreman.…