McInerney v. Buffalo & Susquehanna Railroad
New York Court of Appeals
Appeal, by promission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1918, unanimously affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The accident to claimant’s husband did not arise out of and in the course of his employment; the claim should, therefore, have been dismissed.
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Appeal, by promission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1918, unanimously affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The accident to claimant’s husband did not arise out of and in the course of his employment; the claim should, therefore, have been dismissed. (Devoe v. New York State Railways, 218 N. Y. 318; McCabe v. Brooklyn Heights R. R. Co., 177 App. Div. 107; Bylow v. St. Regis Paper Co., 179 App. Div.…
1Opinion of the Court
Hiscock, Ch. J.
What we regard as the determinative facts which have been found in this case, aside from formal ones, are to the effect that the deceased workman was in the employ of defendant as a car inspector in one of its yards; that he was accustomed to go for his dinner to his home, which was not on the defendant’s premises, on weekdays taking the highway and on Sundays walking on the railroad right of way in order to avoid exposing himself in his working clothes to the view of people on the highway; that he took this route “ without objection” on the part of his employer and in so doing…
2Cases cited8 opinions
- Hills v. BlairMichigan Supreme Court · 1914
- Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
- Claim of De Voe v. New York State RailwaysNew York Court of Appeals · 1916
- Olsen v. AndrewsMassachusetts Supreme Judicial Court · 1897
- Thomas v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Kent v. Virginia-Carolina Chemical Co.Supreme Court of Virginia · 1925
- Tallon v. . Interborough Rapid Transit Co.New York Court of Appeals · 1922
- Matter of Lynch v. City of New YorkNew York Court of Appeals · 1926
- Schweiss v. Industrial CommissionIllinois Supreme Court · 1920
- Young v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1934
40 more not listed; retrieve them via the Exa API.