Legal Opinion

Claim of Skinner v. Tobin Packing Co.

New York Court of Appeals

Decided September 29, 1966PublishedCited by 1 opinion

1Opinion of the Court

Order affirmed, with costs; no opinion.

Concur: Chief Judge DesmoNd and Judges Fuld, Burke, Scileppi and Keating. Judge VAN Voorhis concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray (251 N. Y. 90) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern & Co. (9 N Y 2d 931), which holds that it is sufficient if the journey on which the accident occurred was to serve both a business and a private object. Taking no part: Judge BergaN.

2Cases cited1 opinion

  1. Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929

3Cited by1 opinion

  1. Claim of Slack v. Livingston-Wyoming ARC, Inc.Appellate Division of the Supreme Court of the State of New York · 2002