Commissioner of Taxation & Finance v. Barclay Realty Co.

Appeal from an award under the Workmen’s Compensation Law on account of the death of Elizabeth Simmons, deceased. This award is contested on the ground that the accident was caused by decedent’s use of an instrumentality which the employer had forbidden her to use, and hence did not arise out of her employment. Decedent was an elevator operator, and, shortly before quitting time, used the elevator which she had been operating during the day to go to the fourth floor of the building for the purpose of removing her uniform and putting on her street clothes. Shortly thereafter she was heard to…