Claim of Gibbs v. R. H. Macy & Co. — 242 N.Y. 551

Majority

p. 551

In the Matter of the Claim of Etta Gibbs, Respondent, against R. H. Macy & Co., Inc., et al., Appellants. State Industrial Board, Respondent.

Headnote

Workmen’s compensation — master and servant — store detective injured on way home after attending court in the course of her employment entitled to compensation.

Gibbs v. Macy & Co., Inc., 214 App. Div. 335 , affirmed.

(Argued February 24, 1926;

decided March 30, 1926.)

• Appeal, by permission, from an order of the-Appellate Division of the Supreme Court in the third judicial

p. 552

department, entered November 10, 1925, unanimously affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant was employed as a store detective. She left her home Sunday morning and went to a Magistrate’s Court where she had a shoplifting case. After the case was disposed of she left the court and on her way home was struck by a motorcycle and injured. It was contended that the injuries did not arise out of and in the course of claimant’s employment.

Jeremiah F. Connor and William Butler for appellants.

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

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin, Crane and Lehman, JJ. Not voting: Andrews, J. Absent: Cardozo,