Legal Opinion
Claim of Merchant v. Pinkerton's Inc.
New York Court of Appeals
Decided June 10, 1980PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The single issue presented is whether decedent’s disregard of his employer’s prohibition against carrying personal firearms on the job leads to the conclusion, as a matter of law, that his accidental shooting did not arise in and out of the course of his employment.
The operative facts are undisputed. On the morning of May 5, 1974, two boys playing in an industrial neighborhood discovered the decedent’s body, clothed in a Pinkerton guard uniform, lying on the ground near the loading dock of a Railway Express Agency terminal which he was assigned to guard.…
2Cases cited9 opinions
- Greene v. NYC SOC SERVS.New York Court of Appeals · 1978
- Claim of Macechko v. Bowen Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Claim of Yodakis v. Alexander Smith & Sons Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Claim of Chila v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1937
- Fox v. Truslow & Fulle, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Claim of Lemon v. New York City Transit AuthorityNew York Court of Appeals · 1988
- Claim of Douglas Smith v. Tompkins County CourthouseNew York Court of Appeals · 1983
- Claim of Landgrebe v. County of WestchesterNew York Court of Appeals · 1982
- Claim of Burns v. Robert Miller Construction, Inc.New York Court of Appeals · 1982
- Claim of Simpson v. Glen Aubrey Fire Co.Appellate Division of the Supreme Court of the State of New York · 1982
19 more not listed; retrieve them via the Exa API.