Claim of Stratton v. Broome County Highway Department

Appellate Division of the Supreme Court of New York

Claim of Stratton v. Broome County Highway Department

255 A.D. 920, 7 N.Y.S.2d 713, 1938 N.Y. App. Div. LEXIS 5853

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

DecidedNovember 23, 1938

StatusPublished

This text of 255 A.D. 920 (Claim of Stratton v. Broome County Highway Department) 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 Stratton v. Broome County Highway Department, 255 A.D. 920, 7 N.Y.S.2d 713, 1938 N.Y. App. Div. LEXIS 5853 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal from an award. Claimant was employed to repair and operate a steam shovel. On the day before his injury repairs became necessary and were not completed at the time he ceased working. The next morning, while returning from his home he brought with him tools, some of which he obtained from the county garage and some from his own premises. These were necessary to continue the repairs. En route to the place where the shovel was located he was injured. He made his own decisions as to repairs and the necessity for tools and implements. The journey from his home, with the tools in his car, was made in the interests of his employer. (Matter of Schwimmer v. Kammerman & Kaminisky, 262 N. Y. 104.) Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Bliss, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an award. Claimant was employed to repair and operate a steam shovel. On the day before his injury repairs became necessary and were not completed at the time he ceased working. The next morning, while returning from his home he brought with him tools, some of which he obtained from the county garage and some from his own premises. These were necessary to continue the repairs. En route to the place where the shovel was located he was injured. He made his own decisions as to repairs and the necessity for tools and implements. The journey from his home, with the tools in his car, was made in the interests of his employer. (Matter of Schwimmer v. Kammerman & Kaminisky, 262 N. Y. 104.) Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Bliss, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

255 A.D. 920, 7 N.Y.S.2d 713, 1938 N.Y. App. Div. LEXIS 5853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-stratton-v-broome-county-highway-department-nyappdiv-1938.

Opinion

Related

Cite This Page — Counsel Stack