Rathburn v. Sussman Bros. Co. (Et Al.)

Opinion by

Keller, P. J.,

The claimant’s husband, Joseph A. Rathburn, was employed by Sussman Brothers & Company, the defendants, as night watchman at a scrap or junk yard con ducted by them. The yard contained considerable quantities of machinery, scrap iron and other waste materials.

On November 9, 1934, Rathburn was inside a small shanty on the premises of his employers, in the regular course of his duties as watchman, when three young men, all of whom were armed with guns (revolvers), approached and ordered him out of the shanty. As Rathburn came out of the door of the shanty, he was told to…