For the prosecutor, Harley, Cox & Walburg.
For the defendant, Feder & Rinzler.
Before Justices Trenchard, Daly and Donges.
The opinion of the court was delivered by
TRENCHARD, J. Oscar Lange was awarded a judgment by the workmen's compensation bureau against Eureka Printing Works as compensation for injury, and the latter, on August 10th, 1931, sued out this writ of certiorari.
The employer's sole contention is that "there was no evidence from which it could be legitimately inferred that the petitioner sustained an accident arising out of and in the course of the employment."
We think that contention without merit.
We believe that the evidence before the deputy commissioner established the following matters of fact:
At the time of the accident on May 17th, 1930, and ever since March, 1929, Oscar Lange (hereinafter referred to as "employe") was employed by the Eureka Printing Works (hereinafter referred to as "employer"); his duties were those of night watchman and also to watch and keep in repair the Kier boilers used by the employer at its factory. For the purpose of enabling the employe to properly discharge the duties last mentioned, his employer furnished him with a tool box containing the necessary tools and repair parts. The employe kept this tool box, containing also some of his own personal effects, in a closet which the company maintained in its factory. In the regular discharge of his duties, while the employe was making his rounds on the night of May 17th, 1930, and pursuing his duties as night watchman, he was struck on the back of the head, fell to the floor unconscious and severely wounded and disabled, and the tool chest and tools that were furnished to him by his employer were stolen, together with some of the employe's personal effects which he had put in the box.
The employer admits in its brief that "in view of the fact that the tool box and his personal belongings and money placed there the evening before, were missing, certainly the only logical inference that can be made is that he was struck by an assailant." There is no dispute that such assailant was the thief who stole the box. But the ...