Claim of Hyatt v. United States Rubber Reclaiming Co.
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Under the authorities the claimant was not in the course of his employment when he was injured. It is true that he was acting in the interests of his employer; that is, he was seeking to hurry work which he was authorized to do in his own department. But, in order to do this, he went to another department and, contrary to an existing rule known to him, he attempted to saw *744a board with a ripsaw. In Erdberg v. United Textile Print Works (216 App. Div. 574) we said: “ The disobedience of an order may do no more than to establish a fault on the part of an injured employee. In that ease the…
2Cases cited2 opinions
- Claim of Yodakis v. Alexander Smith & Sons Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Erdberg v. United Textile Print WorksAppellate Division of the Supreme Court of the State of New York · 1926
3Cited by3 opinions
- Taub v. New York Board of Fire UnderwritersAppellate Division of the Supreme Court of the State of New York · 1933
- Hamilton v. Transport Workers Union of Greater New York, Local 100New York Court of Appeals · 1965
- Bull Insular Line, Inc. v. SchwartzDistrict Court, E.D. New York · 1938