Claim of Callahan v. Railway Express Agency, Inc.

Deceased was working as a driver of an express truck. At the end of the day he placed truck in garage where it was customarily kept. On the way home from the garage, in the midst of a storm, he stopped under a tree in a park to seek shelter, and was killed by stroke of lightning. The State Industrial Board determined that the injury did not arise out of and in the course of the employment. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.