Claim of Ott v. Guarantee Title & Mortgage Co.

Appellate Division of the Supreme Court of New York

Claim of Ott v. Guarantee Title & Mortgage Co.

252 A.D. 714, 298 N.Y.S. 854, 1937 N.Y. App. Div. LEXIS 5843

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

DecidedSeptember 29, 1937

StatusPublished

This text of 252 A.D. 714 (Claim of Ott v. Guarantee Title & Mortgage 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 Ott v. Guarantee Title & Mortgage Co., 252 A.D. 714, 298 N.Y.S. 854, 1937 N.Y. App. Div. LEXIS 5843 (N.Y. Ct. App. 1937).

Pincite

Opinion

This is an appeal from an award. It is opposed on the ground that the accidental injuries that resulted in the decedent’s death did not arise out of his employment nor occur in the course of that employment. Decedent was using an automobile which belonged to his employer in his regular occupation as a repairman, making repairs upon the property owned by the employer. He was frequently called out at odd hours and at night and had no specific hours for completing his day’s work. The evidence and presumptions are sufficient to support the award. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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This is an appeal from an award. It is opposed on the ground that the accidental injuries that resulted in the decedent’s death did not arise out of his employment nor occur in the course of that employment. Decedent was using an automobile which belonged to his employer in his regular occupation as a repairman, making repairs upon the property owned by the employer. He was frequently called out at odd hours and at night and had no specific hours for completing his day’s work. The evidence and presumptions are sufficient to support the award. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Bluebook (online)

252 A.D. 714, 298 N.Y.S. 854, 1937 N.Y. App. Div. LEXIS 5843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ott-v-guarantee-title-mortgage-co-nyappdiv-1937.