of employment such as time in which he is engaged in changing his street clothes for his working clothes or in changing back to his street clothesProceeding under the Workmens Compensation Act by Wilhelmina De Mann claimant to obtain compensation for the death of James De Mann employe opposed by the Hydraulic Engineering Company employer. Compensation was awarded by a committee of arbitration and the employer brings certiorari to the Industrial Accident Board. Orded reversed and set aside and order to be entered by the Board in accordance with opinion.This is a certiorari to the Industrial Accident Board for the purpose of reviewing the proceedings of that board in allowing compensation for the death of James De Mann. De Mann at the time Coach Outlet Store Online of his deathwhich occurred on the th of August was employed by the Hydraulic Engineering Company as a common laborer. He had been in the service of the company about two years. On the day of the accident which caused his death he had been at work in the basement of the Powers.Theater Building in Grand Rapids connecting the water mains with the intake pipes. Other employes were working there at the same time. The building was undergoing extensive repairs and the basement was badly torn up and with material and debris scattered about The tools which the workmen used were stored when not in use on the stage of the theater. It was one of the duties of De Mann to look after the tools and see that they were properly put away when the days work was ended. De Mann and the other workmen also left their coats Coach Outlet Store Online and vests and their dinner pails on the stage while they were working and ate their dinners there. A short flight of stairs led up from the basement floor to a platform where a stage door opened on the alley or arcade and from this platform a flight of steps ascended to the stage floor. The steps leading from the basement were open and not protected by any railing or partition and during the day or shortly before a large Nike Air Max 90 wooden beam had been temporarily placed at the head of the first flight of stairs and about four feet above the platform floor so that it was necessary for one going from the basement to the stage to stoop underneath the beam. At about five minutes pastoclock on the afternoon of August th the body of De Mann was Christian Louboutin Outlet found lying on the cement floor at the foot of the steps leading from the basement. The electric lights had been Nike Air Max turned on; and there was testimony tending to show that five minutes before when some of the workmen were going up the stairs to get their street clothing the body was not there. No one saw the accident. De Mann was in his shirt sleeves; and his coat vest and dinner pail were afterwards found on the stage.A committee of arbitration allowed compensation at the rate of . per week for a period ofweeks; and the employer brings the case to this court urging: First that the claimant has not met the burden Christian Louboutin Outlet of proving that De Mann died as a result of a personal Injury arising out of and In the course of his employment; and second that If he did die as a result of a personal Nike Australia Injury arising out of and In the course of his employment the amount of compensation allowed was excessive.Argued before STONE C. J and KUHN OSTRANDER BIRD MOORE STEERE BROOKE and PERSON J J.Stevens T. Mason of Detroit for appellant Cornelius Hofflus of Grand Rapids for appellee.cfissFor other cases see same topic and KEYNUMBER IDall KeyNumbered Digests and IndexesPERSON J. after stating the facts as above.It is true that the burden is upon the claimant to show Nike Shoes Australia that the deceased met his death through a personal injury arising out of and in the course of his employment. And it is equally true that this burden is not sustained if an inference favorable to the applicant can be arrived at only by a guess. But as was said by this court in Parker v. Union Coach Outlet Store Online Station