Legal Opinion

Claim of Johnson v. Loew's, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1958PublishedCited by 2 opinions

1Opinion of the Court

Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board. Claimant, 17 years of age and employed as a messenger, was injured when struck in the eye by a metal paper clip which he was attempting to shoot out of a window by means of a rubber band. Appellants contend that the accident did not arise out of or in the course of the employment. About two hours before the accident claimant and other employees of about his age had been shooting clips from rubber bands aiming them at pipes outside the window. The paper clip which caused his later…

2Cases cited4 opinions

  1. Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
  2. Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
  3. Claim of Miles v. Gibbs & Hill, Inc.New York Court of Appeals · 1929
  4. Claim of Miles v. Gibbs & Hill, Inc.Appellate Division of the Supreme Court of the State of New York · 1929

3Cited by2 opinions

  1. Prows v. INDUSTRIAL COM'N OF UTAHUtah Supreme Court · 1980
  2. Prows v. INDUSTRIAL COM'N OF UTAHUtah Supreme Court · 1980

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