Claim of Neuberger v. Third Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Third Avenue Railway Company, from a decision and award of the State Industrial Commission, made on the 22d day of December, 1919, after reopening the case and taking additional testimony, and also from a decision and award of the said Commission made on the 31st day of July, 1919.
1Opinion of the Court
Cochrane, J.:
The awards must be reversed because the accident did not arise out of the employment. (Workmen’s Compensation Law, § 10; Id. § 3, subd. 7, as amd. by Laws of 1917, chap. 705.) ' Claimant was a carpenter accustomed to eat his noonday meal *782on the premises of the employer. He had placed his coffee pot on the stove to be heated. He describes the accident as follows: “ Just as the whistle blew I got a dizzy spell and fell over and put my hand on the stove and burnt it.” In previously describing the accident and in answer to a question as to how it happened he said: “Through dizziness…
2Cases cited2 opinions
- Claim of Minerly v. Kingsbury Construction Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Claim of Santacroce v. Sag Harbor Brick WorksAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by1 opinion
- Claim of Mausert v. Albany Builders Supply Co.New York Court of Appeals · 1928