Hugo Black

“ Under our decision in the Kirschbaum, case, supra, no one of these facts standing alone, nor all of them together, can support the Court's conclusion that the nature of Walton's employment left him without the Act's protection. His duty was to aid in protecting the building, machinery, and equipment from injury or destruction by fire or trespass. The very fact that a fire insurance company was willing to reduce its premiums upon condition that a night watchman be kept on guard is evidence that a watchman would make a valuable contribution to the continuous production of respondent's goods. ”

“ We granted certiorari because this interpretation of the Act raised a federal question of importance and because of the claim by petitioner that the interpretation was in conflict with our decision in A. B. Kirschbaum Co. ”