The Georgetown Law Journal

Cover The Georgetown Law Journal
The Georgetown Law Journal
Georgetown University. School of Law
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In the present case, one Harbroe was employed as night watchman by a construction company.
One dark and foggy night while standing with a bridge operator near the buildings of his employer, they were approached by a deputy sheriff and his assistant. It seems that each pair of men mistook the other pair for yeggmen who a short time before had robbed a postoffice near- by. Shots were thereupon exchanged, causing the death of the watch- man. The death of the decedent was held not to have resulted
...from an accident arising "out of" his employment, although it undoubtedly arose in the course of his employment. In reaching its conclusion, the court reasoned that it was clear the deceased was not protecting his employer's property from thieves when shot; that the property was in no way threatened, nor did the watchman suppose it was; that he was not fired upon simply because he was a watchman in charge ; and that the injury inflicted was the result of an unfortunate misapprehen- sion and cannot reasonably be said "to have had its origin in a hazard •218N.

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