Claim of De Salvo v. Jenkins

Headnote

Workmen’s compensation — watchman while sitting in office struck by bullet from air gun in hands of boy who had entered office for undisclosed purpose — injury not arising out of employment.

De Salvo v. Jenkins, 205 App. Div. 198 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 6, 1924, affirming a decision of the State Industrial Board which dismissed a- claim made under the Workmen’s Compensation Law. Claimant was employed as a night watchman. While in the office of his employer’s warehouse two small boys, whom he knew, entered the office, one of the boys having an air rifle in his possession at the time. Shortly after the two boys entered the office another boy, also known to .the claimant, entered the office, and took the air gun from the boy who previously had it, and while the air gun was being manipulated by this third boy a bullet was released from it, which struck the claimant in the left eye, with the result

of loss of sight therein. The State Industrial Board. found that the injury thus received by the claimant occurred during the course of his employment, but did not arise out of his employment.