Legal Opinion

Claim of Tyler v. Gilbert

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1967PublishedCited by 3 opinions

1Opinion of the CourtGabrielli, J.

Appeal by the claimant from a decision of the Workmen’s Compensation Board denying benefits. The claimant was injured by the discharge of a gun being carried by a friend who was riding with the claimant while he was on his milk delivery route. The friend, who was not a coemployee, and the claimant had intended to test their guns and do some hunting. While on the milk route, both men got out of the truck, loaded their guns and thereafter claimant shot at some crows. His friend did not use his gun. Both men then returned to the truck and as it started up, the friend’s gun accidentally…

2Cases cited1 opinion

  1. Matter of Wilson v. General Motors Corp.New York Court of Appeals · 1949

3Cited by3 opinions

  1. Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986
  2. Claim of Stepcic v. ADC ConstructionAppellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986

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