McQuivey v. International Railway Co.

H. T. Kellogg, J.:

The employer was engaged in operating a surface railroad. On or about July 1,1922, its trainmen and mechanics went out on strike. The employer engaged strikebreakers to take their places. The claimant’s husband, Edward McQuivey, was employed on the sixteenth of September, at which time the strike was still on. His *508working hours were from seven-thirty a. m. to five-thirty p. M. It became his duty to assist in painting certain railway cars of his employer which were housed in a paint shop. McQuivey, together with other painters, was permitted, though not required, to sleep in…