Lima v. William H. Haskell Manufacturing Co.

This is an original petition for workmen’s compensation. It is here on the employee’s appeal from a decree of the workmen’s compensation commission, entered over the dissent of one commissioner, affirming a decree of the trial commissioner which denied and dismissed the petition on the ground that the petitioner had failed to prove by a fair preponderance of the evidence that the injury sustained arose out of -and in the course of his employment.

There is no substantial dispute on the- facts. Although his work day did not commence until 7 a.m. and notwithstanding that a plant rule prohibited…