Matter of De Filippis v. . Falkenberg

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 14,1915, which reversed an award of the state workmencompensation commission. The claimant while in the employ of defendant Falkenberg went to the toilet, and being struck on the arm by something looked through a crack to see where the article had come from, when a girl in the adjoining toilet thrust scissors through the crack into her eye, causing a loss of the use of the eye. The question was whether the injury arose out of and in the course of the employment.