Claim of Callan v. State Highway Department

Appellate Division of the Supreme Court of New York

Claim of Callan v. State Highway Department

263 A.D. 911, 32 N.Y.S.2d 273, 1942 N.Y. App. Div. LEXIS 7338

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1942

StatusPublished

This text of 263 A.D. 911 (Claim of Callan v. State Highway Department) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Callan v. State Highway Department, 263 A.D. 911, 32 N.Y.S.2d 273, 1942 N.Y. App. Div. LEXIS 7338 (N.Y. Ct. App. 1942).

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Opinion

Claimant, an employee of the New York State Highway Department, was injured while returning to his home at Kirk-wood, N. Y., from the State paymaster’s office in the city of Binghamton. He was riding in a car which the State authorities had engaged to take him from his home to the Binghamton office to sign the payroll and receive his wages. The time required to go from Kirkwood to Binghamton and return was less than two hours, the period for which the State paid. The claimant and his foreman after receiving their pay engaged in personal matters and were two or three hours in and about Binghamton after leaving the paymaster’s office before returning to Kirkwood. The injury, which is unquestioned, was suffered by the claimant while riding in the foreman’s automobile on the direct route from Binghamton to his home at Kirkwood. There is no evidence to sustain the finding of the Industrial Board that claimant was not injured in the course of his employment. Decision reversed, with costs, and the matter remitted to the Industrial Board for the purpose of making an award. Hill, P. J., Bliss, Heffernan and Sehenek, JJ., concur; Crapser, J., dissents and votes to affirm the decision of the State Industrial Board.

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Claimant, an employee of the New York State Highway Department, was injured while returning to his home at Kirk-wood, N. Y., from the State paymaster’s office in the city of Binghamton. He was riding in a car which the State authorities had engaged to take him from his home to the Binghamton office to sign the payroll and receive his wages. The time required to go from Kirkwood to Binghamton and return was less than two hours, the period for which the State paid. The claimant and his foreman after receiving their pay engaged in personal matters and were two or three hours in and about Binghamton after leaving the paymaster’s office before returning to Kirkwood. The injury, which is unquestioned, was suffered by the claimant while riding in the foreman’s automobile on the direct route from Binghamton to his home at Kirkwood. There is no evidence to sustain the finding of the Industrial Board that claimant was not injured in the course of his employment. Decision reversed, with costs, and the matter remitted to the Industrial Board for the purpose of making an award. Hill, P. J., Bliss, Heffernan and Sehenek, JJ., concur; Crapser, J., dissents and votes to affirm the decision of the State Industrial Board.

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Bluebook (online)

263 A.D. 911, 32 N.Y.S.2d 273, 1942 N.Y. App. Div. LEXIS 7338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-callan-v-state-highway-department-nyappdiv-1942.