Rubeo v. Arthur McMullen Co.

The opinion of the court was delivered by

Perskie, J.

Did the relationship of employer and employe exist at the time the latter journeyed from work to his home and during which journey he sustained injuries resulting in his death, or, in more terse language, did the accident resulting in the death of the employe arise out of and in the course of his employment?

This is a workmen’s compensation case. It is undisputable that the deceased employe was a good concrete mixer and had worked for the respondent, at varying intervals, for many years. In May of 1934 respondent had a contract at St. George,…