Claim of Layton v. Spear & Co.

Appellate Division of the Supreme Court of New York

Claim of Layton v. Spear & Co.

261 A.D. 856, 24 N.Y.S.2d 793, 1941 N.Y. App. Div. LEXIS 7786

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

DecidedJanuary 15, 1941

StatusPublished

Cited by3 cases

This text of 261 A.D. 856 (Claim of Layton v. Spear & 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 Layton v. Spear & Co., 261 A.D. 856, 24 N.Y.S.2d 793, 1941 N.Y. App. Div. LEXIS 7786 (N.Y. Ct. App. 1941).

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Opinion

Appeal from an award and decision of the State Industrial Board of workmen’s compensation. The claimant was employed as a retail furniture salesman on commission. According to custom and with his employer’s permission he left his employer’s store at about four p. m., and walked about one block to a tavern where he had some lunch. While returning to the store, shortly after five p. m., he slipped on the ice and fell. The State Industrial Board found that the accident arose out of and in the course of his employment. Award reversed, and claim dismissed, on the authority of Matter of Johnson v. Smith (263 N. Y. 10) and Matter of Oram v. Byron G. Moon Co., Inc. (260 App. Div. 822). Hill, P. J., and Bliss, J., concur; Crapser, J., concurs, on the authority of Matter of McInerney v. Buffalo & Susquehanna R. R. Corp. (225 N. Y. 130) and Matter of Clark v. Voorhees (231 id. 14); Heffernan and Sehenck, JJ., dissent, on the authority of Matter of Bollard v. Engel (254 App. Div. 162; affd., 278 N. Y. 463). [See post, p. 1010.]

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Appeal from an award and decision of the State Industrial Board of workmen’s compensation. The claimant was employed as a retail furniture salesman on commission. According to custom and with his employer’s permission he left his employer’s store at about four p. m., and walked about one block to a tavern where he had some lunch. While returning to the store, shortly after five p. m., he slipped on the ice and fell. The State Industrial Board found that the accident arose out of and in the course of his employment. Award reversed, and claim dismissed, on the authority of Matter of Johnson v. Smith (263 N. Y. 10) and Matter of Oram v. Byron G. Moon Co., Inc. (260 App. Div. 822). Hill, P. J., and Bliss, J., concur; Crapser, J., concurs, on the authority of Matter of McInerney v. Buffalo & Susquehanna R. R. Corp. (225 N. Y. 130) and Matter of Clark v. Voorhees (231 id. 14); Heffernan and Sehenck, JJ., dissent, on the authority of Matter of Bollard v. Engel (254 App. Div. 162; affd., 278 N. Y. 463). [See post, p. 1010.]

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Bluebook (online)

261 A.D. 856, 24 N.Y.S.2d 793, 1941 N.Y. App. Div. LEXIS 7786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-layton-v-spear-co-nyappdiv-1941.

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