Traynor v. City of Buffalo

H. T. Kellogg, J.:

The Workmen’s Compensation Law distinguishes between an employee who is engaged in an occupation “ upon the premises or at the plant ” of his employer, and an employee who labors “ away from the plant of his employer,” “ in the course of his employment.” (§ 3, subd. 4.) An employee of the former class, who, while journeying to or from the plant or premises to which his work is localized, is accidentally injured upon a public street, is not within the coverage of the law, because not then in the course of his employment. (Matter of McInerney v. Buffalo & Susquehanna R. R.…