Claim of Jamison v. New York State Temporary Commission on Agriculture

New York Court of Appeals

Claim of Jamison v. New York State Temporary Commission on Agriculture

124 N.E.2d 321, 308 N.Y. 683, 1954 N.Y. LEXIS 1795

CourtNew York Court of Appeals

DecidedDecember 31, 1954

StatusPublished

Cited by3 cases

This text of 124 N.E.2d 321 (Claim of Jamison v. New York State Temporary Commission on Agriculture) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Jamison v. New York State Temporary Commission on Agriculture, 124 N.E.2d 321, 308 N.Y. 683, 1954 N.Y. LEXIS 1795 (N.Y. 1954).

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Opinion

Per Curiam.

This award cannot be sustained, since there is

nothing to take the case out of the settled rule that an employee injured while away from his employer’s premises and while going to or from lunch is not entitled to workmen’s compensation except in special circumstances not shown here (Matter of Johnson v. Smith, 263 N. Y. 10, 13; Matter of Weir v. Board of Educ., 282 N. Y. 709; Matter of Layton v. Spear & Co., 287 N. Y. 610; 1 Larson on Workmen’s Compensation Law, §§ 15.51, 15.52, 21.23). The record here, unlike that in Matter of Manville v. New York State Dept. of Labor (294 N. Y. 1), contains neither proof nor finding that the sidewalk on which claimant fell was part of the premises of her employer, the State of New York.

The order of the Appellate Division should be reversed, the award of the Workmen’s Compensation Board annulled and the claim dismissed, with costs in this court and in the Appellate Division, against respondent Workmen’s Compensation Board.

Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Froessel and Van Voorhis, JJ., concur.

Order reversed, etc.

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Per Curiam.

This award cannot be sustained, since there is

nothing to take the case out of the settled rule that an employee injured while away from his employer’s premises and while going to or from lunch is not entitled to workmen’s compensation except in special circumstances not shown here (Matter of Johnson v. Smith, 263 N. Y. 10, 13; Matter of Weir v. Board of Educ., 282 N. Y. 709; Matter of Layton v. Spear & Co., 287 N. Y. 610; 1 Larson on Workmen’s Compensation Law, §§ 15.51, 15.52, 21.23). The record here, unlike that in Matter of Manville v. New York State Dept. of Labor (294 N. Y. 1), contains neither proof nor finding that the sidewalk on which claimant fell was part of the premises of her employer, the State of New York.

The order of the Appellate Division should be reversed, the award of the Workmen’s Compensation Board annulled and the claim dismissed, with costs in this court and in the Appellate Division, against respondent Workmen’s Compensation Board.

Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Froessel and Van Voorhis, JJ., concur.

Order reversed, etc.

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Bluebook (online)

124 N.E.2d 321, 308 N.Y. 683, 1954 N.Y. LEXIS 1795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-jamison-v-new-york-state-temporary-commission-on-agriculture-ny-1954.

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