Ryland v. R. P. Const. Co.

This is a suit under the Workmen's Compensation Act of this State, No. 20 of 1914, as amended. There is no dispute over the facts and the lower Court has stated them as follows:

"Defendant owned and operated power machinery, motor vehicles, gasoline motors and other machinery to excavate ditches or trenches in which to lay sewer pipes and to refill the same. This work was being carried on, at the time of the accident on February 11, 1943, in the residence portion of the Town of Pineville, from 7 a.m. to 5 p.m. approximately.

"Plaintiff was employed as a night watchman and began his duties at…