Claim of Donnelly v. Town of Smithtown

Appellate Division of the Supreme Court of New York

Claim of Donnelly v. Town of Smithtown

260 A.D. 819, 22 N.Y.S.2d 332, 1940 N.Y. App. Div. LEXIS 4830

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

DecidedSeptember 18, 1940

StatusPublished

Cited by1 cases

This text of 260 A.D. 819 (Claim of Donnelly v. Town of Smithtown) 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 Donnelly v. Town of Smithtown, 260 A.D. 819, 22 N.Y.S.2d 332, 1940 N.Y. App. Div. LEXIS 4830 (N.Y. Ct. App. 1940).

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Opinion

Appeal from an award of disability compensation, and from the affirmation of such award by the State Industrial Board. Claimant was chief of police of the town of Smithtown. While engaged in the investigation of a burglary he went to the barracks of the State Police in order to get a State trooper to assist him. While waiting for the trooper he participated in a soft ball game, and in running bases fell and broke his leg. There is no evidence whatever that this accident arose out of and in the course of his employment. It was neither incidental to his employment nor in the interests of his employer. Award reversed and claim dismissed, with costs to the appellants. Hill, P. J., Crapser, Bliss, Schenck and Foster, JJ., concur.

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Appeal from an award of disability compensation, and from the affirmation of such award by the State Industrial Board. Claimant was chief of police of the town of Smithtown. While engaged in the investigation of a burglary he went to the barracks of the State Police in order to get a State trooper to assist him. While waiting for the trooper he participated in a soft ball game, and in running bases fell and broke his leg. There is no evidence whatever that this accident arose out of and in the course of his employment. It was neither incidental to his employment nor in the interests of his employer. Award reversed and claim dismissed, with costs to the appellants. Hill, P. J., Crapser, Bliss, Schenck and Foster, JJ., concur.

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Bluebook (online)

260 A.D. 819, 22 N.Y.S.2d 332, 1940 N.Y. App. Div. LEXIS 4830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-donnelly-v-town-of-smithtown-nyappdiv-1940.

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