Papineau

Review of an award made to 'Jack Miles for injuries sustained by Mm while working in the capacity of bootblack and porter in the employ of petitioner, who conducted a barber-shop on the second floor of an eleven-story building, access to the floors of which was by means of elevators controlled and operated by the owners of the building for the common use of tenants, their employees, and all persons having occasion to visit the upper floors of the building.

[1] It is conceded the evidence tends to establish the following facts: That with the knowledge, approval, and consent of his employer, it was the custom of the claimant to leave the barber-shop in the forenoon, when business was slack, and go out and purchase a bottle of milk to drink with his lunch, which he ate in the barber-shop. At the time when he was injured he had left the barber-shop on such personal errand. Upon reaching the elevator, the door of which was open, he asked the operator.if he was going down, and receiving an affirmative answer, he proceeded to enter, when he was caught in the closing doors and injured.

Upon these facts petitioner insists that the injury did not arise out of, and in the course of, the…