Claim of Kingsley v. Donovan
Appellate Division of the Supreme Court of the State of New York
Appeal by William F. Donovan and another from an award of the Workmen’s Compensation Commission, entered in the office of said Commission on the 28th day of January, 1915. . The facts are stated in finding 2 of the Commission, as follows: “On said date, and for some time prior thereto, said Kingsley had come to his work on a motor cycle which was owned by himself, and had used the said motor cycle for going to and from jobs, with the knowledge and consent of his employer;…
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Appeal by William F. Donovan and another from an award of the Workmen’s Compensation Commission, entered in the office of said Commission on the 28th day of January, 1915. . The facts are stated in finding 2 of the Commission, as follows: “On said date, and for some time prior thereto, said Kingsley had come to his work on a motor cycle which was owned by himself, and had used the said motor cycle for going to and from jobs, with the knowledge and consent of his employer; but was not paid extra for the use of the motor cycle by the employer. On said date he arrived at his employer’s place of…
1Opinion of the Court
Kellogg, J.:
The appellants contend that the accident was not one arising out of and in the course of the employment. There is some evidence • tending to prove those facts, and under sections 20 and 21 of the Workmen’s Compensation Law the decision of the Commission is conclusive upon the facts. Clearly if the motor cycle was only used for the convenience of the claimant in bringing him to and from his place of work, the case would not be within the act. But the evidence shows that from time to time it was used in the business in going to and from the work off the premises, and. that at other…
2Cited by10 opinions
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- Derleth v. Roach & Seeber Co.Michigan Supreme Court · 1924
- Meem Haskins Coal Co. v. JentCourt of Appeals of Kentucky (pre-1976) · 1937
- Columbia County Highway Commission v. Industrial CommissionWisconsin Supreme Court · 1930
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