Summary
In Scott v. Whitehouse Co., 255 App. Div. 733, 6 N.Y.S.2d 916, a salesman who was injured between 4 and 5 o'clock in the morning while returning from his employer's party was held entitled to compensation.
Summary of this case from Geary v. Anaconda Copper Min. Co.Opinion
September 21, 1938.
Appeal from State Industrial Board.
Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.
The deceased was employed as a traveling representative of the employer in the stock and bond business. He was a non-plant worker and on the morning of May 7, 1936, between the hours of four and five o'clock A.M., while proceeding on a direct route to his home located at Mineola, Long Island, after attending a social function sponsored by the employer, the automobile in which he was riding overturned and as a result he suffered injuries which resulted in his death the same day. The employer's first report of injury recites that decedent's occupation was that of traveling representative and that this was his regular occupation and that he met his death by reason of his automobile running into a pole and overturning when he was returning from a party of company employees. A careful examination of the evidence sustains the finding of the Board that the death arose out of and in the course of his employment. Award unanimously affirmed, with costs to the State Industrial Board.