Majority
p. 634In the Matter of the Claim of Charles D. Fox, Respondent, v. Truslow & Fulle, Inc., et al., Appellants. State Industrial Board, Respondent. (Submitted June 14, 1923; decided July 13, 1923.)
Headnote
Workmen’s compensation — master and servant — when compensation properly awarded for death of employee injured while doing an act forbidden by employer.Matter of Fox v. Truslow & Fulle, Inc., 204 App. Div. 584 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 14, 1923, unanimously affirming an award of the state industrial board made under the Workmen’s Compensation Law. The deceased was a machine atténdant in the plant of the employer. She received a cut upon her wrist while cleaning a machine which was then in motion. Infection set in at the site of the cut with the result that death soon after followed. The cleaning of a machine while in motion was strictly forbidden by the employer. The question in the case,
p. 635
therefore, was whether the deceased employee, by doing the thing forbidden, stepped out of her employment.
Clarence B. Tippett for appellants.
Carl Sherman, Attorney-General {E. C. Aiken of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Caedozo, Pound, McLaughlin, Crane and Andrews, JJ.