Claim of Miles v. Gibbs & Hill, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Award affirmed, with costs to the State Industrial Board. Davis, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., and Hinman, J., dissent, on the ground that the act of claimant in striking the torpedo with his hammer, as he walked along the tracks, was not dictated or suggested by his employment or his employer’s interests, since he was not in the employ of the railway, but was a mere sportive act on his part which alone was responsible for his injury which did not arise out of his employment. (Frost v. Franklin Mfg. Co., 204 App. Div. 700; affd., 236 N. T. 649.)
2Cases cited1 opinion
- Frost v. H. H. Franklin Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1923
3Cited by7 opinions
- Ransom v. HG Hill CompanyTennessee Supreme Court · 1959
- Secor v. Penn Service GarageNew Jersey Superior Court Appellate Division · 1955
- Shapaka v. State Compensation CommissionerWest Virginia Supreme Court · 1961
- Claim of Johnson v. Loew's, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
- Claim of Bletter v. Harcourt, Brace & World, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
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