Toland's Case

The injury arose out of and in the course of the employment while the employee was at work “as a stationary engineer on a dredge of the subscriber which was engaged in digging into the land side of the harbor to enlarge the capacity of a dock in Boston Harbor.” The employee was required by G. L. c. 146, § 49, to have a license as a stationary engineer from this Commonwealth, but was not required by the laws of the United States to have a marine engineer’s license. The evidence shows that the dredge was without motive power and could not move itself. It had been towed to its place, was afloat,…