Matter of Ognibene v. Rochester Manufacturing Co.
New York Court of Appeals
The injury did not arise out of and in the course of employment but was solely the result of horseplay. (Matter of DeFilippis v. Falkenberg, 170 App. Div. 153, 219 N. Y. 581; Matter of Griffin v. Roberson & Son, 176 App. Div. 6; Matter of Still-wagon v. Callan Bros., Inc., 183 App. Div. 141, 224 N. Y. 714; Matter of Frost v. Franklin Mfg. Go., 204 App. Div. 700, 236 N. Y. 649; Plouffe v. American Hard Rubber Go., 211 App. Div. 298; Matter of Rauh v. Western Union Tel.
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The injury did not arise out of and in the course of employment but was solely the result of horseplay. (Matter of DeFilippis v. Falkenberg, 170 App. Div. 153, 219 N. Y. 581; Matter of Griffin v. Roberson & Son, 176 App. Div. 6; Matter of Still-wagon v. Callan Bros., Inc., 183 App. Div. 141, 224 N. Y. 714; Matter of Frost v. Franklin Mfg. Go., 204 App. Div. 700, 236 N. Y. 649; Plouffe v. American Hard Rubber Go., 211 App. Div. 298; Matter of Rauh v. Western Union Tel. Co., 259 App. Div. 770.) Claimant’s accidental injuries arose out of and in the course of his employment. (Matter of…
1Opinion of the CourtFuld, J.
A decision of the Workmen’s Compensation Board in claimant’s favor has been affirmed — two justices dissenting — by the Appellate Division. The simple, yet at times abstruse, question for our determination is whether claimant suffered an injury “ arising out of and in the course of ” his employment (Workmen’s Compensation Law, § 10).
Rochester Manufacturing Company is engaged in the manufacture of pressure and liquid level indicators and thermometers. Claimant, thirty-eight years old, was one of its stockroom clerks. While at work on a day in January, 1946, he playfully threw a small piece of…
2Cases cited7 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
- Claim of Stillwagon v. Callan Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
- Matter of Stillwagon v. . Callan BrothersNew York Court of Appeals · 1918
- Matter of Gaurin v. Bagley Sewall CompanyNew York Court of Appeals · 1948
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3Cited by31 opinions
- Crilly v. BallouMichigan Supreme Court · 1958
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Matter of Wilson v. General Motors Corp.New York Court of Appeals · 1949
- Dillon's CaseMassachusetts Supreme Judicial Court · 1949
- Claim of Burns v. Merritt Engineering Co.New York Court of Appeals · 1951
26 more not listed; retrieve them via the Exa API.