Summary
In Davidson v. Pansy Waist Co., 148 N.E. 715 (N.Y. 1925) (per curiam), the New York Court of Appeals denied compensation for injuries incurred in such an accident, basically applying the increased risk test.
Summary of this case from Mulready v. University Research Corporation, et alOpinion
Argued February 25, 1925
Decided March 5, 1925
Appeal from the Supreme Court, Appellate Division, Third Department.
James J. Scully, Everett F. Warrington, Herbert F. Hastings, Jr., and Robert H. Woody for appellants.
Albert Ottinger, Attorney-General ( E.C. Aiken of counsel), for respondents.
While it may be that at the time the claimant sustained his injuries he was making himself ready to perform his regular daily work as a salesman, such preparation cannot be said to be part of his employment and it does not appear that he might not have prepared himself in exactly the same way if engaged in any other employment or vocation. The injury did not arise out of and in the course of his employment.
Orders reversed and claim dismissed, with costs against State Industrial Board.
HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ., concur.
Orders reversed, etc.