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Matter of Jamison v. N.Y. St. Temporary Comm. on Agric

Court of Appeals of the State of New York
Dec 31, 1954
124 N.E.2d 321 (N.Y. 1954)

Opinion

Argued December 2, 1954

Decided December 31, 1954

Appeal from the Supreme Court, Appellate Division, Third Department.

Victor Fiddler, Bernard Katzen and George J. Hayes for appellants.

Nathaniel L. Goldstein, Attorney-General ( Harry Pastor, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.


This award cannot be sustained, since there is nothing to take the case out of the settled rule that an employee injured while away from his employer's premises and while going to or from lunch is not entitled to workmen's compensation except in special circumstances not shown here ( Matter of Johnson v. Smith, 263 N.Y. 10, 13; Matter of Weir v. Board of Educ., 282 N.Y. 709; Matter of Layton v. Spear Co., 287 N.Y. 610; 1 Larson on Workmen's Compensation Law, §§ 15.51, 15.52, 21.23). The record here, unlike that in Matter of Manville v. New York State Dept. of Labor ( 294 N.Y. 1), contains neither proof nor finding that the sidewalk on which claimant fell was part of the premises of her employer, the State of New York.

The order of the Appellate Division should be reversed, the award of the Workmen's Compensation Board annulled and the claim dismissed, with costs in this court and in the Appellate Division, against respondent Workmen's Compensation Board.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

Order reversed, etc.


Summaries of

Matter of Jamison v. N.Y. St. Temporary Comm. on Agric

Court of Appeals of the State of New York
Dec 31, 1954
124 N.E.2d 321 (N.Y. 1954)
Case details for

Matter of Jamison v. N.Y. St. Temporary Comm. on Agric

Case Details

Full title:In the Matter of the Claim of RUTH E. JAMISON, Respondent, against NEW…

Court:Court of Appeals of the State of New York

Date published: Dec 31, 1954

Citations

124 N.E.2d 321 (N.Y. 1954)
124 N.E.2d 321

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