Claim of Laurino v. Donovan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John E. Donovan and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 14th day of September, 1917.
1Opinion of the Court
Cochrane, J.:
The claimant was doing his master’s work, His fellow- . servant, Earle, by whose act he was injured on March 2,1917, was not in the commission of such act doing the work of the master or representing him in any sense whatever. He brought into the garage where the claimant was at work a percussion cap which he had found somewhere not on the premises of the employer, and with which he was experimenting when it exploded injuring the plaintiff. Both men were chauffeurs, and the percussion cap which occasioned the injury had nothing to do with their employment. Earle in experimenting…
2Cases cited2 opinions
- Claim of De Filippis v. FalkenbergAppellate Division of the Supreme Court of the State of New York · 1915
- Matter of De Filippis v. . FalkenbergNew York Court of Appeals · 1916
3Cited by4 opinions
- Spring Canyon Coal Co. v. Industrial CommissionUtah Supreme Court · 1921
- Storm v. Industrial Accident CommissionCalifornia Supreme Court · 1923
- McCarter v. La RockAppellate Division of the Supreme Court of the State of New York · 1925
- Willis v. State Industrial CommissionSupreme Court of Oklahoma · 1920