Schmohl v. State

There is no dispute as to the facts causing this accident.' The claimant was a regularly enlisted member of the National Guard of the State of New York and was regularly assigned as a truck driver at the annual encampment of the Two Hundred *275and Twelfth Coast Artillery in training at Fort Ontario on July 24, 1925. His duty was to drive the truck that carried the machine guns and men to and from the camp and the firing range. He had no other or further duty in connection with the guns. After the guns had been used and were being loaded on the truck by other men, a cartridge that had been…