MacDonald's Case

This is an appeal by the claimant from a decree entered in the Superior Court reversing a decision of the Industrial Accident Board. The deceased employee worked as a janitor and caretaker of the apartments Owned by the Lion Realty Company at numbers 3-17 Durham Street and 7-11 Blackwood Street in the city of Boston. In connection with this employment he was authorized to rent apartments and collect rents. On April 14, 1930, at about eight o’clock in the evening, he fell from the roof down the air shaft at number 9 Blackwood Street, and was killed.

There was evidence tending to show that on…