Legal Opinion

Matter of Schwimmer v. Kammerman Kaminsky

New York Court of Appeals

Decided May 23, 1933PublishedCited by 17 opinions

1Opinion of the CourtLehman, J.

The claimant was employed in a machine shop. The belt of a machine at which he was working became loose. There is evidence that his employer directed the claimant to buy some bolts and screws, needed in repairing the belt, during the midday luncheon hour. The claimant was accustomed to go to his home for luncheon. He did so on that day. After luncheon he went to a hardware store, a short distance off his usual route and bought the bolts and screws. With them in his pocket, he retraced his steps and fell on the street near his place of employment. Before that point he had regained the direct…

2Cases cited2 opinions

  1. Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
  2. Matter of Carroll v. Verway Printing CompanyNew York Court of Appeals · 1930

3Cited by17 opinions

  1. Chapman's CaseMassachusetts Supreme Judicial Court · 1947
  2. McKinney v. DorlacNew Mexico Supreme Court · 1944
  3. Matter of Bennett v. Marine Works, Inc.New York Court of Appeals · 1937
  4. O'Brien v. First Camden National Bank & Trust Co.Supreme Court of New Jersey · 1962
  5. Wineland v. TaylorIdaho Supreme Court · 1938

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