Claim of Richards v. Creamer

Appellate Division of the Supreme Court of New York

Claim of Richards v. Creamer

267 A.D. 928, 46 N.Y.S.2d 769, 1944 N.Y. App. Div. LEXIS 5554

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

DecidedMarch 15, 1944

StatusPublished

Cited by4 cases

This text of 267 A.D. 928 (Claim of Richards v. Creamer) 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 Richards v. Creamer, 267 A.D. 928, 46 N.Y.S.2d 769, 1944 N.Y. App. Div. LEXIS 5554 (N.Y. Ct. App. 1944).

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Opinion

Appeal by an employer and his insurance carrier from an award of compensation in claimant’s favor. The employer was engaged in conducting a carnival and claimant was employed as a roustabout and general laborer. He was on duty at all times. On August 30, 1942, while the carnival was being moved from one place to another, claimant was riding on ae truck belonging to the employer. He asked, the driver to stop at a roadside store so that he might purchase some cigarettes. After making the purchase and while crossing the highway for the purpose of returning to the truck, he was struck by a passing automobile and was injured. The Board found that claimant’s injuries arose out of and in the course of his employment. The evidence sustains the finding. Award unanimously affirmed, with costs to the State Industrial Board. All concur. [See post, p. 1007.]

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Appeal by an employer and his insurance carrier from an award of compensation in claimant’s favor. The employer was engaged in conducting a carnival and claimant was employed as a roustabout and general laborer. He was on duty at all times. On August 30, 1942, while the carnival was being moved from one place to another, claimant was riding on ae truck belonging to the employer. He asked, the driver to stop at a roadside store so that he might purchase some cigarettes. After making the purchase and while crossing the highway for the purpose of returning to the truck, he was struck by a passing automobile and was injured. The Board found that claimant’s injuries arose out of and in the course of his employment. The evidence sustains the finding. Award unanimously affirmed, with costs to the State Industrial Board. All concur. [See post, p. 1007.]

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Bluebook (online)

267 A.D. 928, 46 N.Y.S.2d 769, 1944 N.Y. App. Div. LEXIS 5554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-richards-v-creamer-nyappdiv-1944.

Opinion

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