Adolph v. Breen Iron Works

* * $ $ $ $ $

The undisputed facts as developed in the evidence are essentially as follows:

The petitioner was shop foreman of the employer respondent charged among his duties with the hiring and firing of the men employed in his shop. On May 22d, 1936, he had occasion to lay off, among other men, one A1 Marino. This was due to the fact that the work was slowing down and the employer did not require their services. Upon so doing, the employe, Marino, struck the petitioner with his fist, striking his nose. This was followed by a second and subsequent blow, causing the petitioner to fall to the…