Claim of Gross v. Davey Tree Expert Co.

The employer had a contract with the New York Telephone Company to trim trees along its line. Claimant was engaged in this work for the employer. The truck used by claimant in his employer’s work was stored over the week end on the premises of Mrs. McMillan. As claimant came to work on Monday morning Mrs. McMillan was unable to start her car standing in the yard, and she asked claimant to push her car with the truck, in the hope of starting it. Claimant did so, and continued to push the car and otherwise assist Mrs. McMillan along the highway until he had gone a distance between two and three…