Claim of Day v. Smyrna Fire Department

The facts are substantially uncontroverted. The claimant, together with other members of the Smyrna Fire Department, went to Marathon, New York on June 20, 1964 to participate in a firemanic hose contest. Their actual participation ended about noon and while waiting for the final results of the contest, they went to a hotel in the town where they had lunch, including beer. When the Acting Captain of the company left to ascertain the final results, those who remained played pool. The Acting Captain returned in about a half-hour and upon advising the members that they were not among the…