Caswell's Case

The single member and the reviewing board • awarded compensation for total disability, but the Superior Court dismissed the claim for compensation on the ground that the personal injury received by the employee was not one "arising out of . . . his employment.” G. L. (Ter. Ed.) c. 152, § 26. St. 1937, c. 370. Higgins’s Case, 284 Mass. 345, 347, 348. The employee appealed.

The employee worked as a stitcher for the Adams Slipper Company, in its factory on the fourth and highest story of a brick building which faced southwest on Hammond Street in Worcester. The building was about sixty feet in…