Gill v. JAMES A. GILL & SONS ETC.

I dissent from the opinion of the majority for the reason that I believe the Full Board committed an error at law when it determined that the injuries suffered by appellant did not arise out of and in the course of his employment.

The undisputed facts show that appellant was an employee in appellee’s Funeral Home, acting as an em*6balmer. He was subject to call at all times. On the night of December 23, 1955, appellant had worked in the mortuary from 11:00 p.m. until around 1:00 o’clock a.m., when he returned to his home and went to bed. About 3:00 o’clock of the same morning he received a call…