Claim of Brienza v. Le Chase Construction Corp.

Reynolds, J. (dissenting).

At approximately 7:45 a.m., on the morning of January 4,1960 claimant, a yardman, while proceeding from his residence to his place of work, sustained a fractured left wrist when he slipped and fell on a public street in the City of Rochester. The exact spot of the fall was marked by claimant on claimant’s Exhibit No. 3 (a photograph) at a point near a trailer (which was not there at the time of the accident) and probably 20 or 25 feet from the employer’s gate. The street involved, Iona Street, which provided the only access to the employer’s premises, while a city…