McNicol's Case

This is a proceeding under St. 1911, c. 751, as amended by St. 1912, c. 571, known as the workmen’s compensation act, by dependent relatives for compensation for the death of Stuart McNicol.

1. The first question is whether the deceased received an “injury arising out of and in the course of his employment,” within the meaning of those words in Part II, § 1 of the act. In order that compensation may be due the injury must both arise out of and also be received in the course of the employment. Neither alone is enough.

It is not easy nor necessary to the determination of the case at bar to give a…