Kern v. Southport Mill, Ltd.

This is a claim for Workmen’s Compensation ; allowed by the district judge, denied by the Court of Appeal; which we have concluded to investigate.

Plaintiff was employed by defendant as a pipe fitter at a wage of $33 per week. He was directed to do some outside work and then return to the mill. On returning he stepped out of a street car into the path of an automobile ; was struck down, and permanently and totally injured; and now claims compensation.

I

The first question is: Were his injuries sustained whilst he was “performing services arising out of and incidental to his employment in the…