McMillen v. Arthur G. McKee & Co.

MR. JUSTICE CASTLES

(dissenting) :

I dissent. The accident did not arise out of and in the course of employment. Whether it be travel allowance or subsistence or any other negotiated fringe benefit, does not make it in the course of employment so far as industrial accidents are concerned.

I also dissent to the majority’s declination to rule on constitutionality.