Herlihy's Case

This is an appeal by the claimant from a decree of the Superior Court affirming a decision by the Industrial Accident Board. G. L. c. 152.

The employee died on October 4, 1927, aged fifty-four years. On that day he drove a two-horse dump cart with big rear wheels and small front wheels, while he was engaged in hauling sand from a sand pit, fifteen minutes distant from the stable. He left the stable usually at about seven ■o’clock, but on the morning in question he left about eight because of rain. He was expected to make three loads, two in the morning up to one o’clock, and he and two other…