McCarter v. La Rock

Award affirmed, with costs to the State Industrial Board, on the authority of Bandassi v. Molla *844(200 App. Div. 266; 234 N. Y. 554). All concur, except Van Kirk and McCann, JJ., dissenting on the ground that the " statute is not applicable to an injury which arises through a danger or hazard dissociated from or not inherent in the nature of the employment as its source and to which the employee would have been equally exposed apart from the employment. This conclusion is not affected by the fact that the employee would not, except for the employment, have been where such danger or hazard…