Hyperlawhypertext legal database Claim of Phillips v. Queens Electric Shops, Inc. 260 A.D. 824

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Claim of Phillips v. Queens Electric Shops, Inc.

260 A.D. 824 Court N.Y. App. Div. Decision date 1940-09-18 English

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p. 824
In the Matter of the Claim of Lillian Phillips, Respondent, against Queens Electric Shops, Inc., and Ætna Casualty & Surety Company, Appellants. State Industrial Board, Respondent.

Appeal from an award for funeral expenses made by the State Industrial Board under the Workmen’s Compensation Law. Deceased, a salesman, was killed in an automobile accident while driving home from interviewing a prospective customer. Appellants contend that the accident did not arise out of and in the course of the employment and that the death resulted solely from intoxication. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.