Claim of Gaurin v. Bagley & Sewall Co.

Appellate Division of the Supreme Court of New York

Claim of Gaurin v. Bagley & Sewall Co.

272 A.D.2d 988

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

DecidedSeptember 17, 1947

StatusPublished

This text of 272 A.D.2d 988 (Claim of Gaurin v. Bagley & Sewall Co.) 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 Gaurin v. Bagley & Sewall Co., 272 A.D.2d 988 (N.Y. Ct. App. 1947).

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Opinion

Appeal from an award for death benefits to a widow and four minor children. Decedent, with three or more associates, was piling lumber adjacent to the Black River at Watertown, N. Y. An ancient and dilapidated wagon or buggy stood near the bank of the river. The course of the river was through a gorge some forty feet deep. Decedent suggested that as a prank the wagon be pushed over the bank that the splash might be heard. While thus engaged his clothing became entangled in the wagon and he was thrown into the river and drowned. The judicial concept of acts which are within the scope of employment has so changed between 1919 (Matter of Be Salvio v. Menihan Co., 225 N. Y. 123) and 1946 (Matter of Industrial Comr. [Ciguin]; v. McCarthy, 295 N. Y. 443) that this seeming divergence from the line of duty may come within the scope of the compensation law. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffeman, Brewster and Russell, JJ., concur; Foster, J., dissents.

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Appeal from an award for death benefits to a widow and four minor children. Decedent, with three or more associates, was piling lumber adjacent to the Black River at Watertown, N. Y. An ancient and dilapidated wagon or buggy stood near the bank of the river. The course of the river was through a gorge some forty feet deep. Decedent suggested that as a prank the wagon be pushed over the bank that the splash might be heard. While thus engaged his clothing became entangled in the wagon and he was thrown into the river and drowned. The judicial concept of acts which are within the scope of employment has so changed between 1919 (Matter of Be Salvio v. Menihan Co., 225 N. Y. 123) and 1946 (Matter of Industrial Comr. [Ciguin]; v. McCarthy, 295 N. Y. 443) that this seeming divergence from the line of duty may come within the scope of the compensation law. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffeman, Brewster and Russell, JJ., concur; Foster, J., dissents.

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272 A.D.2d 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gaurin-v-bagley-sewall-co-nyappdiv-1947.

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