Claim of White v. Consolidated Aircraft Corp.

Appellate Division of the Supreme Court of New York

Claim of White v. Consolidated Aircraft Corp.

242 A.D. 712

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

DecidedJuly 15, 1934

StatusPublished

Cited by3 cases

This text of 242 A.D. 712 (Claim of White v. Consolidated Aircraft Corp.) 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.

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Claim of White v. Consolidated Aircraft Corp., 242 A.D. 712 (N.Y. Ct. App. 1934).

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Opinion

Award reversed and claim dismissed, with costs to the appellant against the State Industrial Board, upon the ground that the accident did not arise out of and in the course of the employment. The deceased was a plant worker; the accident happened in the street, not within the confines of the employer’s premises. The risk of travel was not a risk of the employment. (See Matter of Marks v. Gray, 251 N. Y. 90; Matter of Kowalek v. New York Cons. R. R. Co., 229 id. 489; Matter of DeVoe v. N. F. State Bailways, 218 id. 318; Matter of Parisi v. Whitmore, Bauber & Vidnus, 230 App. Div. 140; Matter of Carter v. Gordiner & Warring Co., 230 N. Y. 597.) Rhodes, McNamee and Crapser, JJ., concur; Hill, P. J., dissents, with a memorandum, in which Heffernan, J., concurs.

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Award reversed and claim dismissed, with costs to the appellant against the State Industrial Board, upon the ground that the accident did not arise out of and in the course of the employment. The deceased was a plant worker; the accident happened in the street, not within the confines of the employer’s premises. The risk of travel was not a risk of the employment. (See Matter of Marks v. Gray, 251 N. Y. 90; Matter of Kowalek v. New York Cons. R. R. Co., 229 id. 489; Matter of DeVoe v. N. F. State Bailways, 218 id. 318; Matter of Parisi v. Whitmore, Bauber & Vidnus, 230 App. Div. 140; Matter of Carter v. Gordiner & Warring Co., 230 N. Y. 597.) Rhodes, McNamee and Crapser, JJ., concur; Hill, P. J., dissents, with a memorandum, in which Heffernan, J., concurs.

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242 A.D. 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-white-v-consolidated-aircraft-corp-nyappdiv-1934.

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