Claim of Pawela v. Niagara From the Air, Inc.

Appellate Division of the Supreme Court of New York

Claim of Pawela v. Niagara From the Air, Inc.

264 A.D. 962, 37 N.Y.S.2d 66, 1942 N.Y. App. Div. LEXIS 5551

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

DecidedSeptember 23, 1942

StatusPublished

Cited by2 cases

This text of 264 A.D. 962 (Claim of Pawela v. Niagara From the Air, Inc.) 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 Pawela v. Niagara From the Air, Inc., 264 A.D. 962, 37 N.Y.S.2d 66, 1942 N.Y. App. Div. LEXIS 5551 (N.Y. Ct. App. 1942).

Pincite

Opinion

The only question is whether the claimant’s injury arose out of and in the course of Ms employment. The claimant worked for the employer as a mechanic. His hours were from 9:00 a. m. to 6:00 p. m. He was engaged in the repair of aircraft and aircraft engines and he worked in the maeMne shop and hangars. The employer was engaged in the business of teaching people how to fly aeroplanes and conducting a welding school. The only way to roach the employer’s premises was by an independently owned automobile. While he was helping a student to start Ms car he was injured on the premises of the employer. It was customary for such assistance to be rendered. Award unanimously affirmed, with costs to the State Industrial Board. Present —■ Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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The only question is whether the claimant’s injury arose out of and in the course of Ms employment. The claimant worked for the employer as a mechanic. His hours were from 9:00 a. m. to 6:00 p. m. He was engaged in the repair of aircraft and aircraft engines and he worked in the maeMne shop and hangars. The employer was engaged in the business of teaching people how to fly aeroplanes and conducting a welding school. The only way to roach the employer’s premises was by an independently owned automobile. While he was helping a student to start Ms car he was injured on the premises of the employer. It was customary for such assistance to be rendered. Award unanimously affirmed, with costs to the State Industrial Board. Present —■ Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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Bluebook (online)

264 A.D. 962, 37 N.Y.S.2d 66, 1942 N.Y. App. Div. LEXIS 5551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-pawela-v-niagara-from-the-air-inc-nyappdiv-1942.

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