p. 567In the Matter of the Claim of W. C. Grathwohl against Nassau Point Club Properties, Inc., et al., Respondents. State Industrial Board, Appellant. (Argued June 3, 1926; decided July 9, 1926.)
Headnote
Workmen’s compensation — master and servant — award to employee injured while cranking his own automobile in his own garage preparatory to going to work at which he used said automobile, improper.Grathwohl v. Nassau Point Club Properties, Inc., 216 App. Div. 107 , affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered
p. 568
March 12, 1926, reversing an award of the State Industrial Board made under the Workmen’s Compensation Law and dismissing the claim. Claimant was employed as foreman of a development project covering a number of miles. To visit the different parts of the property he used his own automobile, driving it back and forth from Ms home. He received the injury complained of wMle cranking the car in Ms own garage preparatory to starting to Ms work. The Appellate Division held that he was not in the course of Ms employment when the accident happened.
Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for appellant.
William B. Davis for respondents.
Order affirmed, with costs, against State Industrial Board, on opimon of Kellogg, J., below.
Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.