Claim of Callahan v. Railway Express Agency, Inc.

Appellate Division of the Supreme Court of New York

Claim of Callahan v. Railway Express Agency, Inc.

243 A.D. 843

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Deceased was working as a driver of an express truck. At the end of the day he placed truck in garage where it was customarily kept. On the way home from the garage, in the midst of a storm, he stopped under a tree in a park to seek shelter, and was killed by stroke of lightning. The State Industrial Board determined that the injury did not arise out of and in the course of the employment. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Deceased was working as a driver of an express truck. At the end of the day he placed truck in garage where it was customarily kept. On the way home from the garage, in the midst of a storm, he stopped under a tree in a park to seek shelter, and was killed by stroke of lightning. The State Industrial Board determined that the injury did not arise out of and in the course of the employment. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Claim of Callahan v. Railway Express Agency, Inc., 243 A.D. 843 (N.Y. Ct. App. 1935).

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