Carlin v. Coxe Bros. & Co.

Opinion by

Mr. Justice Kephart,

Peter Carlin was employed by appellants as a night watchman; his hours were from six p. m. to seven a. m. About three o’clock in the afternoon of March 27, 1919, he went from his home to the colliery, where he received his weekly wages; afterwards, in the neighborhood of five o’clock, while walking to a shanty used in connection with his employment, he was caught and injured between a coal car and a breaker foundation.

It is appellant’s contention there was nothing for Carlin to do from three o’clock until six o’clock, and there was no evidence to show what he was…