Claim of Harby v. Marwell Bros.

Headnote

Workmen’s compensation — traveling salesman killed while on way from home to take car.to visit customers — accident arising out of and in course of employment.

Harby v. Marwell Brothers, Inc., 203 App. Div. 525 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered

November 28, 1922, affirming an award made under the Workmen’s Compensation Law. Claimant’s husband, a traveling salesman, working on commission, in the employ of defendant Harwell Brothers, Inc., wholesale grocers, was killed at a railway crossing while on the way from his home to take a car to a near by city for the purpose of visiting his customers and soliciting orders for his employer. Defendants objected that the accident did not arise out of and in the course of the employment. The Appellate Division held that a traveling man, working on commission, begins his work when he leaves his home, or the place where he lives or passes the night, to visit directly a customer; that he makes these trips to his customers directly under and in the course of his employment.