Opinion · Nylaw New York

MATTER OF WAKEFIELD v. WORLD-TELEGRAM, 249 App. Div. 884 (1937)

249 App. Div. 884

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1937-01-14
Topic: general

MATTER OF WAKEFIELD v. WORLD-TELEGRAM, 249 App. Div. 884 (1937) In the Matter of the Claim of LIZZIE WAKEFIELD, Respondent, againstWORLD-TELEGRAM and Another, Appellants.STATE INDUSTRIAL BOARD, Respondent.Appellate Division of the Supreme Court of New York, Third Department. January 14, 1937. Appeal from State Industrial Board.

Citator

UpLaw has not yet analyzed MATTER OF WAKEFIELD v. WORLD-TELEGRAM, 249 App. Div. 884 (1937). The absence of a flag is not a finding that it is good law.

MATTER OF WAKEFIELD v. WORLD-TELEGRAM,249 App. Div. 884(1937)

In the Matter of the Claim of LIZZIE WAKEFIELD, Respondent, against

WORLD-TELEGRAM and Another, Appellants.

STATE INDUSTRIAL BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

January 14, 1937.

Appeal from State Industrial Board.

The sole question is whether the shooting arose out of and in the course of the employment of the deceased. Hugo Wakefield was employed by theWorld-Telegramto drive a delivery truck which was kept in the Excelsior Garage. When his day's work was finished it was his duty to return the truck to the garage and before placing it in its position to drive it to a gasoline pump where it was filled with gasoline. On the day of the shooting while the deceased was on the seat of his truck and the truck was being filled with gasoline he was shot by another employee of theWorld-Telegramwho was not working that day but who had a day off and who had come to the garage completely intoxicated and had secured from his locker the revolver with which he shot the deceased. The accident arose out of and in the course of his employment. (Matter of Markellv.Green Felt Shoe Co.,221 N.Y. 493;Matter of Leonbrunov.Champlain Silk Mills, 229 id. 470.) Award affirmed, with costs to the State Industrial Board. McNamee, Crapser,Page 885Bliss and Heffernan, JJ., concur; Rhodes, Acting P.J., dissents. (SeeSchlenerv.American News Co.,240 N.Y. 622.)