Claim of De Voe v. New York State Railways
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 4, 1915,' vacating and setting aside an award of the State Workmen’s Compensation Commission. The facts, so far as material, are stated in the opinion. The accident which caused the death of the deceased arose out of and in the course of his employment.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 4, 1915,' vacating and setting aside an award of the State Workmen’s Compensation Commission. The facts, so far as material, are stated in the opinion. The accident which caused the death of the deceased arose out of and in the course of his employment. (Gane v. N. H. Colliery Co., 2 B. W. C. C. 42; Graham v. Barr, 5 S. C. L. 391; Keyser v. Burdick & Co., 4 B. W. C. C. 87; City of Milwaukee v. Althoff, 156 Wis. 68; Helmke v. Thilmany, 107 Wis. 216; Ewald v. C. & N. W. R. R. Co.,…
1Opinion of the CourtPound, J.
At the time of receiving the injuries resulting in his death Edward De Voe resided at Mohawk, and was employed as a motorman by the New York State Railways, a street railway corporation.
On September 12, 1914, at about 4:50 p. m., and after he had finished his work for the day, and. as he was hurrying from the car barn at Mohawk to catch a car of the New York State Railways, which was just coming to a stop before the car barn, he was struck by an auto mobile running near the curb, receiving injuries from which he died three days later. The purpose of De Voe in taking or attempting to take a…
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