Claim of Domres v. Syracuse Safe Co. — 240 N.Y. 611

Majority

p. 611

In the Matter of the Claim of John Domres, Respondent, against Syracuse Safe Company et al., Appellants.

(Argued March 31, 1925;

decided April 10, 1925.)

Headnote

Workmen’s compensation — workman injured by automobile while sitting in doorway of factory during lunch hour — award affirmed.

Domres v. ¿Syracuse ¿Safe Co., 211 App. Div. 823 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 2, 1924, unanimously affirming an award of the State Industrial Board made

p. 612

under the Workmen's Compensation Law. Claimant was injured while sitting in the doorway of his employer’s plant during lunch hour. The driver of a passing automobile lost control, it mounted the curb and struck the claimant. The question was whether the resulting injuries arose out of and in the'course of his employment.

Wilbur Van Duyn for appellants.

Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane and Lehman, JJ. Dissenting: McLaughlin and Andrews, JJ.