Claim of Miller v. F. A. Bartlett Tree Expert Co.

*657Van Voorhis, J. (dissenting).

Although claimant was injured while attending a tree surgeons’ convention, the only basis on which it has been held that the accident arose out of and in the course of his employment is that claimant fell in a hotel bathtub while he was freshening up for dinner and an evening meeting. The basis for liability of his employer in workmen’s compensation has not been held to be that he acted in the course of his employment during the entire interval while he was away from home, but that during the afternoon he had become “ grubby ” from being instructed by several…