Claim of Murphy v. New York Butchers Dressed Meat Co.

Appellate Division of the Supreme Court of New York

Claim of Murphy v. New York Butchers Dressed Meat Co.

249 A.D. 888, 292 N.Y.S. 629, 1937 N.Y. App. Div. LEXIS 10075

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

DecidedJanuary 14, 1937

StatusPublished

This text of 249 A.D. 888 (Claim of Murphy v. New York Butchers Dressed Meat 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 Murphy v. New York Butchers Dressed Meat Co., 249 A.D. 888, 292 N.Y.S. 629, 1937 N.Y. App. Div. LEXIS 10075 (N.Y. Ct. App. 1937).

Pincite

Opinion

Appeal from an award for death benefits to the widow of a deceased employee. Deceased employee was a traveling salesman and collector for the above employer, and was struck by an automobile on December 12, 1935, while crossing a street, as a result of which he died the following day. At about ten minutes past six p. m. he called on a merchant and received a check for merchandise, whereupon he invited the merchant to go across the street to a cafe “ and have a little drink.” While thus crossing the street, when about three-quarters of the way across, the accident occurred. The Board has found that the accident arose out of and in the course of decedent’s employment, and that “ It was a custom, known to the employer herein, for its salesmen to invite customers for refreshments, and, for that purpose, salesmen were allowed a ‘ Treat Expense.’ At the time the deceased sustained the accidental injuries herein, he was engaged in the interests of his employer and in the furtherance of his employer’s good will.” Award unanimously affirmed, with costs to the State Industrial Board. Present — Rhodes, Acting P. J., McNamee, Crapser, Bliss and Hefiernan, JJ.

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Appeal from an award for death benefits to the widow of a deceased employee. Deceased employee was a traveling salesman and collector for the above employer, and was struck by an automobile on December 12, 1935, while crossing a street, as a result of which he died the following day. At about ten minutes past six p. m. he called on a merchant and received a check for merchandise, whereupon he invited the merchant to go across the street to a cafe “ and have a little drink.” While thus crossing the street, when about three-quarters of the way across, the accident occurred. The Board has found that the accident arose out of and in the course of decedent’s employment, and that “ It was a custom, known to the employer herein, for its salesmen to invite customers for refreshments, and, for that purpose, salesmen were allowed a ‘ Treat Expense.’ At the time the deceased sustained the accidental injuries herein, he was engaged in the interests of his employer and in the furtherance of his employer’s good will.” Award unanimously affirmed, with costs to the State Industrial Board. Present — Rhodes, Acting P. J., McNamee, Crapser, Bliss and Hefiernan, JJ.

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Bluebook (online)

249 A.D. 888, 292 N.Y.S. 629, 1937 N.Y. App. Div. LEXIS 10075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-murphy-v-new-york-butchers-dressed-meat-co-nyappdiv-1937.