Claim of Montgomery v. Backer

Appellate Division of the Supreme Court of New York

Claim of Montgomery v. Backer

248 A.D. 842, 290 N.Y.S. 251, 1936 N.Y. App. Div. LEXIS 7581

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

DecidedSeptember 30, 1936

StatusPublished

This text of 248 A.D. 842 (Claim of Montgomery v. Backer) 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 Montgomery v. Backer, 248 A.D. 842, 290 N.Y.S. 251, 1936 N.Y. App. Div. LEXIS 7581 (N.Y. Ct. App. 1936).

Pincite

Opinion

Appeal from an award to claimant who was a cook on an estate at Oyster Bay. She lived on the premises. She went out of the house to lock her automobile which was in the yard, intending to return to the house to finish her work. It was dark and she was injured. The appellants claim the injury was due to an act entirely personal to claimant and did not arise out of or in the course of her employment. Employer’s first report of injury stated claimant was injured in her regular occupation. At any time when there was an empty space in the employer’s garage she could keep her car there at night [843]*843On this particular occasion the garage was full; the car had to remain outside and that was why she had to see that the car was locked for the night. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Appeal from an award to claimant who was a cook on an estate at Oyster Bay. She lived on the premises. She went out of the house to lock her automobile which was in the yard, intending to return to the house to finish her work. It was dark and she was injured. The appellants claim the injury was due to an act entirely personal to claimant and did not arise out of or in the course of her employment. Employer’s first report of injury stated claimant was injured in her regular occupation. At any time when there was an empty space in the employer’s garage she could keep her car there at night [843]*843On this particular occasion the garage was full; the car had to remain outside and that was why she had to see that the car was locked for the night. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Bluebook (online)

248 A.D. 842, 290 N.Y.S. 251, 1936 N.Y. App. Div. LEXIS 7581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-montgomery-v-backer-nyappdiv-1936.