Fleming v. Fidelity & Cas. Co. of NY

The evidence in this case is in sharp and irreconcilable conflict. That introduced by the claimant tended to establish that the accident resulting in his injuries arose out of and in the course of his employment, while the employer’s evidence was to the contrary. The plaintiff contended that he had in his charge the truck which was wrecked, at the time when he sustained the injuries for which he seeks compensation, for the purpose of conveying himself and another employee back to the site of the construction work that they were doing for the employer. The employer contended that the claimant…