Claim of Malloy v. Cauldwell Wingate Co.

Decedent was employed as a night watchman on a building project. His post was at the entrance to the project from the public sidewalk and his duty required him to stay at the entrance or a short distance from the entrance on the sidewalk.

He had no duties inside the building, but there is proof in the record that if he became aware of any disturbance in the building he might go into the building and investigate it; and there seems a fair inference from the testimony that as a watchman he would be justified in investigating unusual conditions within the building. There were no toilet facilities…