Cusick's Case

In this proceeding under the workmen’s compensation act, the employee was found unconscious at the foot of a flight of stairs in the town stable belonging to the employer, and died from a fracture of the skull resulting from the fall. The medical examiner testified that the employee was subject to attacks of epilepsy; that he “started in to work, and in going down the cellar stairs had an attack, and fell.” It was agreed that the employee was employed *422by the town of Brookline, “and at his work,” and that the town had accepted the workmen’s compensation act.

If the employee were not subject to…