GRAY, J.
This is an appeal on questions of law from a judgment of the Court of Common Pleas of Mahoning County.
James R. Pettit, plaintiff's decedent, was employed as a laborer by Ted Mesmer & Sons at its Ellsworth coal tipple. His fellow employees at the tipple were Donald Capel, weighmaster, and William L. Sanor, laborer.
On December 23, 1963, Pettit went to a restaurant off the premises of the employer for a lunch for Capel and, while on that...
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