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Claim of Skinner v. Tobin Packing Co.

18 N.Y.2d 738 Court N.Y. Decision date 1966-09-29 English

Judges Concur: Chief Judge DesmoNd and Judges Fuld, Burke, Scileppi and Keating. Judge VAN Voorhis concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray (251 N. Y. 90) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern & Co. (9 N Y 2d 931), which holds that it is sufficient if the journey on which the accident occurred was to serve both a business and a private object. Taking no part: Judge BergaN.

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p. 738
In the Matter of the Claim of Joann Skinner, Respondent, v. Tobin Packing Co., Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued September 20, 1966;
decided September 29, 1966.
p. 740
Clayton T. Bardwell, M. James Conboy and John W. Cebula for appellants.
Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen’s Compensation Board, respondent.
Harry W. Albright, Jr., for claimant-respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge DesmoNd and Judges Fuld, Burke, Scileppi and Keating. Judge VAN Voorhis concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray ( 251 N. Y. 90 ) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern & Co. ( 9 N Y 2d 931 ), which holds that it is sufficient if the journey on which the accident occurred was to serve both a business and a private object. Taking no part: Judge BergaN.

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