on the premises of the employer in going to or from work is entitled to compensation for such injuries. However, where he is injured while entering the premises of his employer to go to work, but before he has dismounted from a private conveyance carrying him to his work, he cannot be said to have entered upon the performance of his duties or any task incidental thereto at the time of his injury, even though the accident occurs upon the employer's premises. Where, however, the employé lives upon the prem

ship in a state of hopeless intoxication, was thrown from the quay to the deck as the ship was moving away, and, after getting up, staggered around and then fell over the side of the ship and was drowned (Frith v. Owners of S. S. Louisianian [1912] 5 B. W. C. C. 410, C. A.)

45 Where a miner, at the end of his day's work, changed his clothes, and, still carrying a miner's lamp, started towards the bottom of the shaft, with the intention of ascending to the top of the mine, and about 200 feet from the room where he had been at work and about one-half mile from the bottom of the shaft one of his eyes was put out by coming in contact with a piece of slate hanging from the roof, it was held his duties had not ended until he left the mine, and that the accident arose out of his employment. Sedlock v. Carr Coal Mining & Mfg. Co., 98 Kan. 680, 159 Pac. 9.

A roadmaster of a railroad requested an interpreter to get ten men, such as he had secured before, and bring them to a certain siding for the purpose of going to work, at the same time giving him a pass for himself and ten men, from the place where they were to be secured to the place of work. After arriving at the place of work, one of the men, while removing his baggage, was struck by a train and killed. The evidence was held by the Board to be sufficient to justify the conclusion that the deceased was in the employ of the railroad company, and that the injury arose out of the employment. Patterson v. Bloomington, D. & C. R. Co., Bulletin No. 1, Ill., p. 101.

46 Perry v. City of San Jose, 1 Cal. I. A. C. Dec. 537. The general rule is that employés are under the protection of the Compensation Act when they reach their place of employment on the premises of the employer, and that they remain under the protection of the Act only until they leave the premises of the employer to return to their homes. It is also a general rule that accidents to employés while going to and returning from their work are not compensable. Saari v. Pacific Lumber Co., 2 Cal. I. A. C. Dec. 182.

Where a laborer on a highway was brought to his place of employment by a passing automobile as a friendly act, and while in the act of alighting, and before he had presented himself ready for work, lost his balance and fell, the injury did not arise out of his employment. Beatty v. County of Los Angeles, 2 Cal. I. A. C. Dec. 1058.

47

ises of the employer, and is not injured upon a public highway while going to and from work, the risk of accident while so going and coming is a risk of the employment. Where the injury has arisen through the workmen using special modes of access provided by their employers to enable them to go to or come from the actual place of employment, the courts have uniformly held that it arose out of the employment.48 But where an employé, in returning to his ship, does not use the safe means of access provided by his employer, but of his own volition uses a means of access that is both unreasonable and unsafe, he does so at his own risk. Where, however, because of drowsiness or absent-mindedness, and not intentionally, he misses the gangway provided by the employer, and by mistake climbs up a ladder left leaning against the ship by painters, which ladder does not reach to the rail or any other opening in the ship, and falls, his injuries arise out of the employment."

47 Saari v. Pacific Lumber Co., supra.

48 Moore v. Manchester Liners, Ltd. (1910) 3 B. W. C. C. 527, H. L, and 2 B. W. C. C. 87, C. A. The employer is liable under the Act for the condition of the ways provided for the ingress and egress of employés. Wheeler v. Contoocook Mills Corp. (1915) 77 N. H. 551, 94 Atl. 265; Boody v. Company, 77 N. H. 208, 90 Atl. 859, L. R. A. 1916A, 10, Ann. Cas. 1914D, 1280.

Where an employé, who had gained permission to ride in his employer's elevator, was thrown violently against the opposite wall of a hall, in getting off, which accident caused a strangulated hernia, he sustained an injury arising out of his employment. Herrick v. Employers' Liab. Assur. Co., Ltd., 2 Mass. Wk. Comp. Cases, 122 (Dec. of Com. of Arb., affirmed by Indus. Acc. Bd., also by Sup. Jud. Ct. 217 Mass. 432, 104 N. E. 432). Where a certain stairway was the only means of exit to the street from the third story, where an employé worked, and she was injured while on her way down the stairs on her way to luncheon, the injury arose out of her employment. Sundine v. London Guarantee & Accident Co., Ltd., 2 Mass. Wk. Comp. Cases, 833 (decision of Indus. Acc. Bd., affirmed by Sup. Jud. Ct., 218 Mass. 1, 105 N. E. 433, L. R. A. 1916A, 318).

In Barnard v. H. Garber & Co., 1 Conn. Comp. Dec. 572, where an aged workman fell on the steps of his employer's establishment when entering to begin work in the morning, on account of their slippery condition, it was held the injury arose out of the employment.

49 Boucher v. Olson & Mahony Steamship Co., 1 Cal. I. A. C. Dec. 248.

§ 123. Incurring of additional risks

While a workman has no right by his own conduct for his own purposes to add a risk which is not incidental to the employment,50 and, where he goes beyond his rights in this respect, an accident resulting in consequence thereof will be held not to have arisen out of his employment,51 particularly where he acts in violation of ex

50 Revie v. Cumming (1912) 5 B. W. C. C. 483, Ct. of Sess.

51 Where employés were obliged to enter their place of employment over a railroad's private right of way or one along a public street, but the latter was the safer, although causing employés a longer walk, and therefore not customarily used by them, the use by an employé of the more dangerous crossing is an added and unnecessary risk not incidental to the employment, and an accident resulting therefrom does not arise out of the employment. Leite v. Paraffine Paint Co., 2 Cal. I. A. C. Dec. 1022.

Accidents not arising out of employment: Where a laborer, whose duties were to sack coal and assist the driver of the coal wagon in the unloading on the delivery of orders, voluntarily and without the knowledge of the employer and during the absence of the regular driver, took upon himself the delivery of an order. Siri v. Arata & Co., 2 Cal. I. A. C. Dec. 645. Connecticut. Where a workman's fall was caused either by the assault of his foreman or by his attempting to escape a real or supposed assault, which was due solely to either the workman's serious and willful misconduct or his intoxication. Cooper v. New Haven Rigging Co., 1 Conn. Comp. Dec. 157. Where the employé left the machine where he was working, and went to another room and tried to shape a piece of wood needed for repairing his own machine, which repair was not necessary, and was injured on the buzz saw while so engaged. Duke v. E. Horton & Son, 1 Conn. Comp. Dec. 673. Where the claimant was injured while giving a coemployé a ride on a truck used for carrying beams, during the noon hour and after she had finished her lunch, being allowed to eat lunch on the premises by her employer. Socquet v. Connecticut Mills Co., 1 Conn. Comp. Dec. 653. Where a clerk was injured while polishing a ring on a buffing wheel, work which was of no benefit to his employer and was wholly unconnected with his duties. Maynard v. New London Ship & Engine Co., 1 Conn. Comp. Dec. 47. Wisconsin. Where a conductor on a street car exchanged places with his motorman and undertook to run the car back at night, without there being any emergency which required him to do so, and died from injuries caused by the car jumping the track. Neumann v. Milwaukee Electric Ry. & Light Co., Bul. Wis. Indus. Com. vol. I, p. 92. England. Where a dock laborer, seeking a ride to the dock gates on his way to dinner, tried to climb into a train, fell and was injured thereby. Morrison v. Clyde

Navigation Trustees (1910) 2 B. W. C. C. 99, Ct. of Sess. Where a brakeman employed to walk behind a lorry got up onto the lorry to talk with the driver, and, when getting down to apply the brakes, fell, and was injured. Revie v. Cumming (1912) 5 B. W. C. C. 483, Ct. of Sess. Where a builder's foreman, hired to inspect jobs, left his inspecting each evening in ample time to catch a train, which enabled him to report before 6 o'clock, and on one occasion arrived just as the train was moving away, and was fatally injured by a fall when he attempted to board it while in motion. Jibb v. Chadwick & Co. (1915) 8 B. W. C. C. 152, C. A. Where a farm laborer, after finishing his day's work, had to go to his employer's farm two miles away for his pay and instruction, and, accepting a lift from the driver of one of his employer's carts, was thrown out and injured. Parker v. Pont (1912) 5 B. W. C. C. 45, C. A. Where a workman was injured while crossing the metals at a railway station, instead of passing over the footbridge. Pritchard v. Torkington (1914) 7 B. W. C. C. 719, C. A. Where a canal overseer employed by a railroad company took a short cut from the station to his office, going down the railroad line, instead of around by the road, and was killed by a train. McLaren v. Caledonian Ry. Co. (1912) 5 B. W. C. C. 492, Ct. of Sess. Where a craneman in charge of two cranes climbed upon a third, and was fatally injured in doing so, and there was no evidence to show his reason. Millers v. North British Locomotive Co., Ltd. (1910) 2 B. W. C. C. 80, Ct. of Sess. Where a workman was drowned while swimming across a river between two farms, instead of going across the bridge. Guilfoyle v. Fennessy (1913) 6 B. W. C. C. 453, C. A. Where a workman climbed onto a hot-water tank in a building, although he was not allowed to do so, and while eating his supper there fell into the tank through an opening and was scalded to death. Brice v. Lloyd, Ltd. (1910) 2 B. W. C. C. 26, C. A. Where a workman, for his own ease, got into a hoist, which was well lighted, but so low that he had to stoop to get in, and was crushed to death by the machinery. Rose v. Morrison & Mason, Ltd. (1911) 4 B. W. C. C. 277, C. A. Where a workman, instead of going to a water-closet, went into an inclosed space under an engine, and while there scalded his foot in hot water escaping from the engine. Thomson v. Flemington Coal Co., Ltd. (1911) 4 B. W. C. C. 406, Ct. of Sess. Where steering a canal boat and driving the horse were distinct duties, and a boatman told a driver under his order to steer in place of another boatman, who had gone off, and the driver met with an accident and was drowned while steering. Whelan v. Moore (1910) 2 B. W. C. C. 114, C. A. Where a workman was hired to stack empty flour sacks by hand, and hoisted sacks to the top of a stack by means of a rope and a revolving shaft, and was injured. Plumb v. Cobden Flour Mills Co., Ltd. (1914) 7 B. W. C. C. 1, H. L., and (1913) 6 B. W. C. C. 245, C. A. Where a collier, traveling from work in a train provided by his employers, jumped off before the train reached the platform, and was seriously and permanently injured. Price v. Tredegar Iron & Coal Co. (1914) 7 B. W. C. C. 387, C. A. Where the driver of a motor van, find

press rules, warnings, or instructions, 52 yet, where a workman, while performing his duties, meets with an accident to which he is

ing that, because of a worn-out clutch, he could not shift gears without considerable noise and probable damage to the gears, after complaining several times, took up some of the floor boards, so that he could press the clutch farther down, and was seriously injured when his rug became caught in the machinery. Partridge v. Whiteley, Ltd. (1915) 8 B. W. C. C. 53, C. A.

52 Where some boys employed in a steel mill got into one of several wagons, standing on a steep incline, during an interval of rest, and, the wagon starting to move, one of them jumped out and tried to sprag the wheels, and was fatally injured in the attempt, the accident did not arise out of the employment, since the boys had been warned several times not to go near the wagons. Powell v. Lanarkshire Steel Co. (1904) 6 F. 1039, Ct. of Sess. (Act of 1897).

Accidents not arising out of employment: Where an employé, upon his return from a vacation, in attempting to go to the place of his employment, insisted upon riding upon a wagon of his employer, contrary to the rules of his employer and the positive orders of the driver of the wagon, and in so doing fell from the wagon and suffered an injury. Gonzales v. Lee Moor Contracting Co., 2 Cal. I. A. C. Dec. 302. England. Where a collier was fatally injured while riding, contrary to rules, on the couplings between two trams, going from one part of the mine to another. Powell v. Brynddu Colliery Co. (1912) 5 B. W. C. C. 124, C. A. Where a workman, going home to dinner, tried to jump, contrary to the regulations, onto a tram carrying rubbish, and in so doing fell and was killed. Pope v. Hill's Plymouth Co. (1910) 3 B. W. C. C. 339, C. A., and (1912) 5 B. W. C. C. 175, H. L. Where a miner, after finishing his day's work, jumped onto a hutch, intending to ride to the bottom of the pit, although such action was against the regulations, and was injured on the way. Kane v. Merry & Cuninghame, Ltd. (1911) 4 B. W. C. C. 379, Ct. of Sess. Where a boy, sent to deliver a message, his tramway fare being paid, was permanently injured in trying to board a tram car which was running at a speed of five miles an hour, although he knew of a notice forbidding such action. Wemyss Coal Co., Ltd., v. Symon (1913) 6 B. W. C. C. 298, Ct. of Sess. Where a flagman on a traction engine, supposed to be either riding in the van behind the engine or walking in front of it, mounted to the drawbar, although he had been warned not to, and was injured by slipping off. McKeown v. McMurray (1911) 45 Ir. L. T. 190, C. A. Where a fishmonger's boy, delivering fish at the kitchen of an infirmary on the third floor, in spite of former caution went up in a hoist instead of by the stairs, and was injured. McDaid v. Steel (1911) 4 B. W. C. C. 412, Ct. of Sess. Where a collier was killed in an untimbered, very dangerous "goaf," into which the rules forbade him to go, and where he had gone to ease himself. Cook v. Manvers Main Col