Matter of Giliotti v. Hoffman Catering Co.

“ In the course of employment ” is a different thing from “ during the period of employment.” It connotes the idea that the employee is doing something which is part of his service to his employer, or incidental thereto. (Davidson & Co. v. M’Robb ([1918] A. C. 304.) Ordinarily, sleeping upon the premises of the employer, in a house or room furnished or leased by him, forms no part of such service. In Philbin v. Hayes (11 B. W. C. C. 85) the employer furnished huts, with sleeping accommodations, for his employees, at a nominal charge per night. During a severe wind storm a hut, in which an…