Green v. De Furia

The opinion of the court was delivered by

Wachenfeld, J.

The question on this appeal is whether appellant had removed himself from the coverage of the Workmen’s Compensation Act at the time he sustained the injuries for which he now seeks recovery.

Prior to June 11, 1953 appellant, James Green, was employed as a gasoline station attendant. He worked the night shift and his duties were, as he described them, “to sell gas and oil at night and answer the telephone (for tow calls), take the message and relay it to one of the men who did the towing.”

Between 1 A. m. and 2 A. m. on the morning of June…