Claim of Mendelson v. Modern Vending Co.

Appellate Division of the Supreme Court of New York

Claim of Mendelson v. Modern Vending Co.

264 A.D. 966, 37 N.Y.S.2d 103, 1942 N.Y. App. Div. LEXIS 5568

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1942·Published

Opinion

Appeal from an award of [967]*967compensation. The issue involved is whether claimant’s accident arose out of and in the course of his employment. He was employed as a salesman in the sale of automatic phonographs, and had no regular hours of employment. On the day of the accident, which was a Sunday, he visited a restaurant in the afternoon. Although he had lunch there he testified that the main purpose of his visit was to induce the proprietor to purchase a phonograph. There is other evidence to indicate that such was his mission. On his way home he was struck by an automobile and injured. It has been found that the accident arose out of and in the course of his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present— Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an award of [967]*967compensation. The issue involved is whether claimant’s accident arose out of and in the course of his employment. He was employed as a salesman in the sale of automatic phonographs, and had no regular hours of employment. On the day of the accident, which was a Sunday, he visited a restaurant in the afternoon. Although he had lunch there he testified that the main purpose of his visit was to induce the proprietor to purchase a phonograph. There is other evidence to indicate that such was his mission. On his way home he was struck by an automobile and injured. It has been found that the accident arose out of and in the course of his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present— Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

Claim of Mendelson v. Modern Vending Co., 264 A.D. 966, 37 N.Y.S.2d 103, 1942 N.Y. App. Div. LEXIS 5568 (N.Y. Ct. App. 1942).

Pincite

264 A.D. 966 (Claim of Mendelson v. Modern Vending Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.