Summary
In Matter of Wakefield v. World-Telegram (249 App. Div. 884; affd., 274 N.Y. 517) it appeared that claimant's husband was employed as a chauffeur by the appellant, World-Telegram, and his work consisted of making deliveries by motor truck of newspapers in New York city. On May 6, 1935, after making such deliveries, he drove the truck back to the garage in which appellant kept its trucks when not in use.
Summary of this case from Matter of Christiansen v. Hill Reproduction Co.Opinion
January 14, 1937.
Appeal from State Industrial Board.
The sole question is whether the shooting arose out of and in the course of the employment of the deceased. Hugo Wakefield was employed by the World-Telegram to drive a delivery truck which was kept in the Excelsior Garage. When his day's work was finished it was his duty to return the truck to the garage and before placing it in its position to drive it to a gasoline pump where it was filled with gasoline. On the day of the shooting while the deceased was on the seat of his truck and the truck was being filled with gasoline he was shot by another employee of the World-Telegram who was not working that day but who had a day off and who had come to the garage completely intoxicated and had secured from his locker the revolver with which he shot the deceased. The accident arose out of and in the course of his employment. ( Matter of Markell v. Green Felt Shoe Co., 221 N.Y. 493; Matter of Leonbruno v. Champlain Silk Mills, 229 id. 470.) Award affirmed, with costs to the State Industrial Board. McNamee, Crapser, Bliss and Heffernan, JJ., concur; Rhodes, Acting P.J., dissents. (See Schlener v. American News Co., 240 N.Y. 622.)