McLean's Case

Early in the morning of May 5, 1945, the employee, a taxi driver, was severely injured as a result of an atrocious assault committed upon him. The principal question for decision is whether the evidence warranted á finding that his injury arose out of and in the course of his employment.

The following is a summary of the pertinent evidence. The employee worked on the night shift which commenced at 4:30 p.m. and ended at 3 a.m. He usually brought his cab back at the regular time but if he did not “.there was no penalty put on him” by his employer .and nothing was said to him. In May, 1945,…