Fisher's Case

This is a claim under the workmen’s compensation act. The insurer contends that the finding of the majority of the arbitration committee, as affirmed by the Industrial Accident Board and in turn by the Superior Court, that the employee’s death was caused by an injury arising out of and in the course of his employment, is not supported by the evidence reported. As all the material evidence is reported this contention is open. Herrick’s Case, 217 Mass. 111.

On the morning of the day he died the deceased had been at work helping to erect a stone crusher. This work involved some heavy lifting.…