Claim of Foster v. Mallory Steamship Co. — 244 N.Y. 612

Majority

p. 612

In the Matter of the Claim of Susan Foster, Appellant, against Mallory Steamship Company, Respondent. State Industrial Board, Respondent.

Headnote

Workmen’s compensation — master and servant — workman killed by automobile while on way to deliver pay envelope to fellow-employee after working hours — claim for compensation dismissed.

Matter of Foster v. Mallory >S. S. Co., 217 App. Div. 807 , affirmed.

(Argued February 21, 1927;

decided March 4, 1927.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 23, 1926, affirming a decision

p. 613

of the State Industrial Board dismissing a claim under the Workmen’s Compensation Law. Claimant’s husband, who was in the employ of the Mallory Steamship Company, was struck by an automobile and killed while on his way, after working hours, to deliver a pay envelope to a fellow-employee who resided near him. The claim was dismissed on the ground that the accident did not arise out of and in the course of the employment.

Chester W. McNally for appellant.

Morton L. Fearey and Boy H. Caldwell for Mallory Steamship Company, respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.